IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1394 of 2011 In Civil Writ Jurisdiction Case No. 5026 of 2009 ====================================================== Mushtaque Hussain, son of late Soma Sain, Resident of Village- Raipura, P.S- Bheldi, District- Saran. .... Petitioner .... Appellant Versus 1. The State of Bihar. 2. The Principal Secretary, Water Resources Department, Sichai Bhawan, Patna. 3. The Principal Secretary, Finance Department, Bihar, Patna. 4. The Deputy Secretary, Department of Water Resources, Sichai Bhawan, Patna. 5. The Deputy Secretary Finance (Personal Claim Fixation Cell) Bihar, Patna. 6. The Under Secretary, Finance (Personal Claim Fixation Cell) Bihar, Patna. 7. The Accountant General, Bihar, Birchand Patel Marg, Patna. .... Respondents .... Respondents ====================================================== Appearance : For the Appellant : Mr. Gyan Prakash, Advocate For the Respondents : Mr. Sanjay Kumar No.1, S.C.-12 For the Accountant General : Mr. Sudhir Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 03-11-2011 This Appeal under Clause 10 of the Letters Patent preferred by the writ petitioner arises from the judgment and order dated 4th August 2011passed by the learned single Judge in above CWJC No.5026 of 2009. The appellant is a retired Assistant Engineer. He filed the above writ petition under Article 226 of the Constitution to claim increments in the cadre of Assistant Engineer for the years 1992 to 1996. According to the appellant, he was promoted as an Patna High Court LPA No.1394 of 2011 (3) dt.03-11-2011 2 / 2 2 Assistant Engineer by order dated 10th May 1996 with effect from 1st April 1992. Under the relevant rules, he was required to pass Professional Examination within three years from the date of his promotion, failing which the appellant would forfeit the right to increment. Admittedly, since his promotion in 1996 till he retired from service in 2003, the appellant did not pass the Professional Examination. However, he claims that since his promotion was retrospective, he was entitled to increments from the date of deemed promotion till the date of actual promotion. The learned single Judge has rejected the writ petition. Therefore, the present Appeal. We see no merit in this Appeal. Besides the claim deserves to be rejected on the grounds of delay, laches and acquiescence also. For the aforesaid reasons, Appeal is dismissed in limine. B.Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)