Sanjay Kumar Singh vs The State Of Bihar Through Chief ...
2022 Latest Caselaw 1052 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7607 of 2021
     ======================================================

Sanjay Kumar Singh Son of Diwakar Prasad singh Resident of Mohalla- Ward no. 5, New Shastri Nagar near Mahadev Mandir, P.s.- K. Hat, Madhubani, District- Purnia at present posted at Divisional Account Officer, P.s.- K. Hat, District- Purnia

... ... Petitioner/s Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Rural Works Department, Government of Bihar.

3. The Secretary, Minor Irrigation Department, Government of Bihar, Patna.

4. The Principal Accountant General, (A and E), Bihar, Beer Chand Patel Path, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ritika Rani For the Respondent/s : Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-02-2022 The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19

pandemic.

State counsel accepts notice for respondents.

In the instant petition, the petitioner has prayed for the

following relief:-

"(A) For commanding the respondents to consider the case of promotion from the post of Divisional Account Officer Grade I to Senior Divisional Accounts Officer from due date 2010 and its consequential benefits.

(B) Also necessary relief/reliefs, order/orders, direction/directions, which the petitioner is entitled in the eye of law as well as on the facts of the case."

Patna High Court CWJC No.7607 of 2021 dt.10-02-2022

The petitioner had a cause of action for seeking

promotion in the year 2010. That apart, he had submitted

representation on 20.12.2016 and 19.11.2019. It is highly

belated claim. The Hon'ble Apex Court decision in the case of

P.S. Sadasiva Swami Vs The State of Tamilnadu reported in

(1975) 1 SCC 152 in the case of Vijay Kumar Kaul & Ors.Vs.-

Union of India & Ors. reported in (2012) 7 SCC 610 it is held

that if an employee has any grievance relating to promotion,

seniority and appointment he must approach judicial forum

within a period of six months from the date of cause of action in

the light of the principle laid down in the Hon'ble Apex Court

decisions cited (supra). The present petition stands dismissed on

the ground of delay and laches.

(P. B. Bajanthri, J) kamlesh/-

AFR/NAFR                NA
CAV DATE                NA
Uploading Date          17.02.2022
Transmission Date       NA