IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2674 of 2007 MD.ISMAIL son of Late Md. Wadiuzzaman, retired Administrative Officer, Bihar Agriculture College, Bhagalpur, at present resident of Rajpur, P.O. and P.S. Sabour., District- Bhagalpur. … Petitioner. Versus 1. THE Rajendra Agriculture University, Pusa, Samastipur through its Vice- Chancellor. 2. The Rejendra Agriculture University, Pusa Samastipur through its Director Administration. 3. The Director Administration, Rajendra Agriculture University, Pusa, Samastipur. 4. The Comptroller, Rajendra Agriculture University, Pusa, Samastipur. 5. The Dean-cum- Principal, Bihar Agriculture College, Sabour, Bhagalpur. 6. The Assistant-Comptroller, Bihar Agriculture College, Sabour, Bhagalpur. … Respondents. ----------- 2. 15.09.2010 Having heard learned counsel for the petitioner and learned counsel for the Rajendra Agricultural University, this court is satisfied that the following relief as prayed for by the petitioner in this writ application: “I. For issuance of a writ of certiorari or any other appropriate writ order or direction for quashing the order dated 21.3.2006 in Letter No. 540 issued by respondent by which he has not been given the promotion of the petitioner on the post of Administrative Officer with due date as equal employee has been given the same. II. For issuance of a writ of mandamus or any other appropriate writ order or direction commanding the respondents authorities to give promotion on the post of Administrative Officer with effect from 1.1.1989 instead of 5.3.1989 with all the consequential benefit.” 2 would not be admissible to him on account of inordinate delay of nearly 17 years in seeking shifting of his date of promotion from 5.3.1989 to 1.1.1989. It is to be noted that the petitioner’s promotion was notified on 5.3.1989 on the post of Administrative Officer and he happily accepted such promotion without any demure or protest and remained contented with it till he had filed his representation on 24.1.2006. It is only on 24.1.2006, that the petitioner had realized that as the University had in some cases given promotion with retrospective effect he could also make out his own case for grant of such promotion w.e.f. 1.1.1989 and that is how when the said representation dated 24.1.2006 was rejected by the impugned order on 21.3.2006, this writ application was filed on 28.2.2007 seeking a direction that his date of promotion should be shifted from 5.3.1989 to 1.1.1989. As noted above, the unexplained delay of more than 17 years in moving this Court with regard to a cause of action of 1989 is sufficient for dismissal of the writ application. Moreover, a retrospective promotion beyond cadre rules is also not permissible. The petitioner’s promotion on the post of Administrative Officer was given 3 from the date he was found fit for promotion which was by way of regular promotion. The only difference between time bound promotion and regular promotion is that whereas time bound promotion would be date back from the date it becomes dues, the regular promotion can always be given with prospective effect, the date on which such promotion is notified. Thus, for the reasons indicated above, this Court would not find any merit in this writ application and the same is, accordingly, dismissed. kanchan (Mihir Kumar Jha, J.)