IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6704 of 1997 CHATURBHUJ NARAYAN son of Late Ishwari Prasad Lal, resident of Mohalla- Nutan Nagar, Gaya, P S. Civil Lines Distt- Gaya, at present working as Supertime Senior Selection Grade Assistant in Gaya Collectoriate. … Petitioner. Versus 1. THE STATE OF BIHAR 2. Commissioner Magadh Division, Gaya. 3. District Magistrate and Collector, Gaya 4. Establishment Deputy Collector, Collectoriate, Gaya. … Respondents. ----------- 4. 17.05.2011 No one appears for the petitioner. Mr. Sanjay Kumar No. 1, learned standing counsel 12 for the State is present. In the considered opinion of this Court, the following prayer of this writ application:- “1. That this is an application for issuance of an appropriate writ order or direction directing the respondents no. 3 and 4 to confirm the petitioner on the post of Upper Division Clerk with effect from 1.5.1960 promotion and confirmation on selection grade post with effect from 1.10.61 and on senior selection post with effect from 1.4.1977, confirmation the post of super time senior selection grade from 1.3.1989 promotion and confirmation on the post of office Superintendent from 1.3.89 and promotion and confirmation on the post of P.A. to Collector with effect from 1.10.89 and also for payment of arrears of promotional benefits from 1.10.61 along with interest to which the petitioner is entitled for as per the order dated 16.5.94 passed by respondent no. 2 the Commissioner as 2 contained in Annexure-11 to this petition and also for damages for making delay by not implementing the aforesaid order within the stipulated period with cost of the proceedings.” pertaining to cause of action of the year 1960, 1961, 1977 and 1989 is simple not maintainable on account of unexplained delay. As a matter of fact, when the retirement of the petitioner was going to place w.e.f. 1.11.1997, such a belated writ application came to be filed on 30.7.1997 in which the petitioner has raised his grievance of the year 1960. As is apparent that the aforesaid relief in the combined cadre of clerk will have an adverse effect on the other persons already given seniority and promotion above the petitioner. This Court in absence of even one of them in representing capacity, would find it difficult to issue an order which may have the effect of upsetting the seniority and promotion of a large number of persons who came to be promoted on or after 1.5.1960. In that view of the matter, this Court would leave the matter at rest by holding that whatsoever 3 had been directed by the Commissioner of Magadh Division in his order dated 16.5.1994 as contained in Annexure-10 to the writ application may be given effect to but without affecting seniority or promotion of any person. With the aforementioned observation, this writ application is dismissed. Kanchan/ (Mihir Kumar Jha, J.)