IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1797 of 2017 ======================================================

Kamla Pati Lal Karn Son of late Narain lal Das Resident of Village and P.O.

Nahas Rupuali, P.S. Bisti, District Madhubani 847222.

... ... Petitioner/s Versus

1. The Bihar State Power Holding Company Ltd.

2. Managing Director, North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna-

3. Deputy General Manager-cum-Electrical Superintending Engineer, Mithila Electric Supply Area, P.O. L

4. Electrical Executive Engineer,Electrical Supply Division, Madhubani, P.O.

and P.S. Madhubani, Distr ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Dhananjay Mishra, Advocate Mr. Nilesh Kumar Nirala, Advocate For the Respondent/s : Mr. Anand Kumar Ojha, Senior Advocate Mr. Vinay Kirti Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

5 23-02-2026 The petitioner was appointed as Junior Accounts Clerk in the office of the Electricity Board, Darbhanga. He was promoted by the General Manager-cum-Chief Engineer Engineer, Mithila Area, Electricity Board, Darbhanga vide Office Order No.797 and Memo No.5537 dated 12.12.1977.

2. Subsequently, by an order dated 02.01.1992 he was reverted back to his Feeder Post as Junior Accounts Clerk. He retired on superannuation, on 31.05.2006, except for the breve period commencing from 12.12.1977 to 02.01.1992 the petitioner went on discharging his duty as Junior Accounts Clerk till his superannuation on 31.05.2006. Claiming promotion he submitted representation in the year 2013, but his representation was not considered by the respondent Authority. Therefore, the petitioner has preferred the instant writ petition for issuance of a writ of mandamus directing the respondent to give the benefit of promotion from the post of Junior Accounts Clerk to the post of Account Assistant as per Bihar State Electricity Board (B.S.E.B.) Cadre Rule for the subordinate accounts service.

3. At the time of hearing, it is admitted by the learned Advocate for the petitioner that during his service period, he never made any complaint or submits any representation to the Authority, claiming promotion as he was allowed to work as Assistant.

4. It appears from the writ petition itself that the petitioner was reverted back on 02.01.1992 and he filed the writ petition in the year 2017, i.e. after a lapse of about 14 years and after the expiry of 11 years from the date of his retirement. There is no explanation with regard to the delay and latches in filing the instant writ petition.

5. The learned Senior Counsel for the B.S.E.B. has challenged the maintainability of the instant writ petition on the ground of delay and latches referring to a decision in the case of Shiba Shankar Mohapatra & Ors. Vs. State of Orissa & Ors. reported in (2010) 12 SCC 471. Paragraph Nos.24 to 29 of the above mentioned judgment of the Hon’ble Supreme Court is relevant for the purpose of this case and quoted below:-

“24. In Dayaram A. Gursahani v. State of Maharashtra, reported in (1984) 3 SCC 36 while reiterating the similar view this Court held that in absence of satisfactory explanation for inordinate delay of 8-9 years in questioning under Article 226 of the Constitution, the validity of the seniority and promotion assigned to other employee could not be entertained.

25. In P.S. Sadasivaswamy v. State of T.N., reported in (1975) 1 SCC 152, this Court considered the case where the petition was filed after a lapse of fourteen years challenging the promotion. However, this Court held that the aggrieved person must approach the Court expeditiously for relief and it is not permissible to put forward stale claim. The Court observed as under: (SCC p. 154, para 2)

"2.... A person aggrieved by an order promoting a junior over his head should approach the Court at least within six mon