IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13368 of 2005
UDDHAV PRASAD MISTRY, son of late Chinta Lal Mistry, resident
of village - Dafarpur, P S - Barahat, District - Banka, at present retired
Panchayat Sewak of Barahat Block under the district of Banka.
Versus
1. THE STATE OF BIHAR through the Secretary, Panchayat Raj,
Vishashwaraiya Bhawan, Bailey Road, Patna.
2. The Director, Panchayat Raj, Vikas Bhawan, Bihar, Patna.
3. The District Magistrate, Banka.
4. The District Panchayat Raj Officer, Banka.
5. The Block Development Officer, Barahat, Banka.
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For the petitioner: Mr. Kalika Nand Jha.
For the State : Mr. S K Ghosh, Sr. Advocate.
02. 9.9.2010 Petitioner has claimed benefit of time-bound promotion
w.e.f. 29.4.1991.
Petitioner continued in service and superannuated in 2001.
There is nothing on record to show that he ever made demand upon the
respondents for grant of time-bound promotion till 27.2.2004, which is
Annexure-1 to the writ application. It seems that the application
contained in Annexure-1 was filed only with an object of making out a
case before filing of the present writ application in the year 2005.
These are matters which are stale and are belated claims
and therefore, the Court is not inclined to pass any categorical order in
favour of the petitioner, but if the District Magistrate, Banka is willing
to take action on the basis of communication issued to him, in terms of
Annexures A and B, which have been brought on record with the
counter affidavit filed on behalf of the State, this Court will not come in
the way of the petitioner claiming such a benefit.
The writ application is disposed off as above.
rkp ( Ajay Kumar Tripathi, J.)