IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15278 of 2006 Lal Babu Choudhary, son of late Shiv Balak Choudhary, resident of Mohalla New Purandarpur, P.S. Jakkanpur, District Patna presently posted as Physiotherapist, Nalanda Medical College and Hospital, Agam Kuan, Patna … Petitioner Versus 1. The State of Bihar through the Secretary, Health and Family Welfare Department, Govt. of Bihar 2. The Secretary cum Commissioner, Health and Family Welfare Department, Govt. of Bihar, New Secretariat, Patna 3. Additional Secretary, Health and Family Welfare Department, Govt. of Bihar, patna 4. The Deputy Secretary, Health and Family Welfare Department, Govt. of Bihar, Patna 5. The Director-in-Chief, Health Services, Govt. of Bihar, Patna 6. The Superintendent, Nalanda Medical College and Hospital, Agam Kuan, Patna … Respondents ----------- 3. 11.7.2011 Having heard Mr. Sanjay Kumar Verma, learned counsel for the petitioner and the learned counsel for the State as with regard to the following relief: “(a) Respondents be directed to grant aforesaid promotion and accordingly fix his salary, allowances and other benefits. (b) Respondents be directed to pay difference of pay at each Selection Grade of promotion and fixation of pay including Super Time Scale of pay for the purpose of determining other benefits. (c) Respondents be directed to pay all the consequential benefits including the amount of difference 2 of pay, allowance etc. to the petitioner.” this Court is of the considered opinion that the petitioner right from the inception has been reeling under some misconception as with regard to his entitlement for grant of Junior Selection Grade, Senior Selection Grade and Super Selection Grade pay scale on the basis of reservation by virtue of his being a member of Scheduled Caste. Mr. Verma, learned counsel for the petitioner, however, has fairly conceded the well settled position in law that a member of Scheduled Caste and Scheduled Tribe may be entitled for reservation in case of regular cadre promotion on higher post but under the Scheme of grant of pay scale of Junior Selection Grade, Senior Selection Grade and Super Selection Grade, which was in vogue in view of the State Government resolution dated 30.12.1981 and remained in force upto 31.12.1995, there was no prospect for applying the principle of reservation in grant of such selection grade pay scales. Once this aspect becomes clear, the claim of the petitioner for grant of 3 selection grade pay scales must fall like ninepins, inasmuch as no junior to the petitioner has been given such selection pay scale and in fact there is also no averment to this effect in the writ application that anyone of his junior was granted such selection grade pay scale. The aspect which would really clinch and seal the issue in favour of the respondents and against the petitioner would be the concept of Kalawadhi and relaxation thereof to the members of the Scheduled Caste. True it is that even for grant of Junior Selection Grade or Senior Selection Grade or Super time pay scale the Government had prescribed Kalawadhi. In case of Pharmacist it was a period of five years but then even if the relaxation of one year available to the members of Scheduled Caste is extended to the petitioner he would still not qualify for grant of Junior Selection Grade in presence of his seniors who were recruited in the year 1976 and were given such Junior Selection Grade by an order dated 28.5.1985. None of the 13 persons who were granted such Junior Selection Grade on 4 28.5.1985 were junior to the petitioner, Moreover, if the petitioner had even a figment of his own imagination of his being deprived of higher pay scale of Junior Selection Grade on account of notification dated 28.5.1985 granting such Junior Selection Grade to 13 of his counter part Pharmacists his cause of action had arisen in the year 1985 for which this writ application filed in the year 2006 after twenty one years of cause of action and that too after abolition of the very concept of Selection Grade pay scale w.e.f. 1.1.1996 in view of the subsequent Pay Revision Committee Report is not maintainable beng clearly hit by the principle of delay and laches. Thus, this Court would not find now any merit in such a belated stale claim of the petitioner raised for grant of Junior Selection Grade, Senior Selection Grade and Super Selection Grade after the same has already been abolished with effect from 1.1.1996. At this stage Mr. Verma would submit that the petitioner was also not granted the first time bound promotion which 5 he was entitled to get on completion of ten years of service. Since this aspect of the matter has neither been covered by the relief prayed in this writ application nor any specific pleading has been made therein by the petitioner, it would be premature for this court to adjudicate the issue. It would be however open for the petitioner to agitate the part of his grievance confined only of time bound promotion and if a representation for this time bound promotion only is filed by the petitioner the same shall be examined and decided by the competent authority expeditiously in accordance with law preferably within a period of six months from the date of filing of such representation. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/