IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5110 of 2003 HARIDWAR PRASAD SINGH, Son of Late Mulchand Singh resident of Village-Maniarganj, P.O. Kalanaur, P.S. Makhdumpur, District-Jehanabad. Versus 1.THE STATE OF BIHAR. 2.The Executive Engineer, Road Construction Division (P.W.D.) Giridih, Jharkhand. 3.The Superintending Engineer, Road Construction Circle (P.W.D) Hajaribagh, Jharkhand. 4.The Chief Engineer, Traffic, P.W.D. Chhottanagpur, Santhalpargana, Section-Ranchi. 5.The Engineer-in-Chief, P.W.D. Bihar, Patna. ----------- 3 12/8/2009 Heard counsel for the petitioner and counsel for the State. This writ application claiming first time bound promotion with effect from 1.4.1981 and the second time bound promotion with effect from 1.4.1983 is wholly belated, inasmuch as, this writ application has been filed after 22 years of such cause of action. It is so because time bound promotion came into effect by resolution of the State Government dated 30.12.1981, but the petitioner remembered his such claim only when he has filed this writ application on 23.5.2003. Apart from unexplained delay of 22 years, this Court would find that the petitioner had happily retired from service on 31.10.1995 and since then he has been drawing pension in the last pay drawn by him. Obviously, petitioner wants to take chance with regard to stale claim. The submission of learned counsel for the State that there is no averment in the writ application showing that the petitioner had made demand and therefore writ of mandamus 2 cannot be issued by this Court would, therefore, in the facts of this case is inconsequential. Such technical submission of counsel for the State is also not sustainable because no counter affidavit has been filed by the Respondents in a period of more than six years. Be that as it may, this Court finds no reason to allow the petitioner to wreck-up a state claim and therefore this writ application is dismissed only on the ground of unexplained delay and laches of a period over twenty years. Abhay Kumar (Mihir Kumar Jha, J.)