IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6206 of 1999 SAPAN KUMAR, Son of Sri Nirmal Kumar Bhattacharya, resident of Mohalla South Gate, Police Station Civil Lines, Gaya, District Gaya ….Petitioner Versus 1. THE UNION OF INDIA , through the Chief of Naval Staff (Director of Personnel), (S), Nagal Headquarters, South Block, New Delhi 2. The Deputy Director of Personnel (S), Chief of the Naval Staff, Naval Headquarters, South Block, New Delhi 3. The Commodore, Bureau of Sailors, Cheeta Camp, Mankhurd, Mumbai -400 088 4. Flag Officer Commanding-in-Chief, Headquarters, Eastern Naval Command, Visakhapatnam -14 5. Naval Officer-in-charge, I N S Netaji Shubhash Navy Office, Hastings, Calcutta -700 022 6. Officer-in-charge, Communication Centre, INS Netaji Shubhash, Navy Office, Hastings, Calcutta -700 022 ….Respondents ----------- 04- 29.3.2010 Heard Mr. R N Mukhopadhyay for the petitioner, and Mr. Sarva Deo Singh for the respondents. The writ petition has been preferred by the petitioner of OA No.238 of 1999 (Sapan Kumar vs. The Union of India & Ors.), and is aggrieved by the order dated 28.4.2009 (annexure 1), whereby the Central Administrative Tribunal, Patna Bench, has dismissed the original application. The petitioner claims promotion to the rank of Petty Officer Engineering Mechanic. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the petitioner was holding the post of Sailor as a naval staff, and was promoted to the post of Petty Officer Engineering Mechanic. By letter dated 14.11.95, he was informed that he was not found fit for Petty Officer Engineering Mechanic because of his low medical category leading to the 2 present OA No. 238 of 1999. The same has been dismissed on the ground that the petitioner has approached the court belatedly and after parallel rights have been created. We entirely agree with the reasoning assigned by the learned Tribunal. 3. The writ petition is dismissed. ( S K Katriar ) ( Kishore K Mandal ) mrl