IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13512 of 2005 SITA DEVI W/O Late Jugal Sah Resident of Village- Rahimpur P.S. Biddupur, District-Vaishali at present posted as Mahila constable at Muzaffarpur Region, Muzaffarpur. Versus 1. THE STATE OF BIHAR Through the Director General of Police Bihar at Patna. 2. The Regional I.G. Police Tirhut Division, Muzaffarpur. 3. The superintendent of Police Muzaffarpur. ----------- 2. 13.09.2010 Petitioner came to be appointed as Constable on the intervention of the High Court vide order issued in this regard which is evident from Annexure-1 to the writ application. Thereafter the respondents carried out a re-measurement of the petitioner with regard to her height and physical fitness and granted her appointment on the post of a Constable with effect from 20th November, 2004. Now she wants a direction upon the respondents to pay her salary and all the benefits relegating back to the date of the advertisement which is advertisement no. 1 of 1998. The fact stands that the appointment of the petitioner came through because of a judicial direction and from a specified date. Obviously a misplaced and misdirected kind of application has been moved by the petitioner seeking such a right without any legal basis or precedent in this regard. 2 There is no law to show that the claim of benefit of service on such appointment will relate back to the date of advertisement or recruitment carried out thereto. Right of an employee accrues from the date of actual appointment and not otherwise. It is a fit case where the Court ought to have imposed cost on the petitioner but keeping in mind that she belongs to the weaker section of the society, this Court is taking a broader view and dismissing the writ application without any cost. Anand Kr. ( Ajay Kumar Tripathi, J.)