IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4364 of 2009
Sri Bhagwan Singh
Versus
The State Of Bihar & Ors
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3. 28.07.2011 Heard learned Counsel for the petitioner and the learned
Counsel for the State.
The petitioner is stated to have superannuated on 1.1.1995 from
the post of Sub Inspector.
In this writ application filed in March 2009 to be considered for
promotion to the post of Inspector he founds his cause of action on a
consideration of his claim for promotion done successfully on 8.10.1991
claiming eligibility for the promotional post from 1989-90 along with
arrears of salary and recalculation of his pensionary benefits. He
acknowledges that ever since his superannuation he has been drawing
pension on the post of Sub Inspector.
Explaining the delay he submits that he was sick for four years
with heart disease.
The Court does not find the explanation satisfactory in view of
the fact that he claims surgery and a Pace Maker installed. That would
at best bring him up to the year 1999. He has still ten years of delay to
explain. The Court therefore is satisfied that the writ application suffers
from gross unexplained delay and latches.
It is accordingly dismissed.
Snkumar/- (Navin Sinha,J.)