Created by Fuzzy Cloud

Patna High Court

Prabhu Prasad NagversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed on the ground of delay and laches.

Summary

The petitioner, Prabhu Prasad Nag, was appointed as Dalpati in 1995 and sought promotion to Panchayat Secretary with seniority and back salary, alleging that junior colleagues were promoted earlier. He previously obtained a court order in 1999 directing the District Magistrate to consider his case, which resulted in his promotion in October 2003. In 2026, he filed a writ petition seeking direction for seniority from 1995, payment of salary at the Panchayat Secretary scale, and any other reliefs. The respondents contended that the petition was barred by delay and laches, as no explanation was given for the 23‑year gap since the 2003 promotion. The Court, relying on the Supreme Court’s observation in Surjeet Singh Sahni v. State of Uttar Pradesh (2022) 15 SCC 536 that representation does not extend limitation, held that the petition was filed unreasonably late. Consequently, the Court dismissed the writ application on the ground of delay and laches. The dismissal leaves the petitioner without the claimed seniority or back salary.

Issues considered

  • Whether the writ petition is barred by limitation, delay, or laches.
  • Whether the petitioner is entitled to seniority and back salary from 1995 despite the late filing.

Subjects

  • seniority
  • promotion
  • service law
  • limitation
  • laches
  • writ petition
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3423 of 2026
                 ======================================================
                 Prabhu Prasad Nag S/O Indrasan Prasad Nag, Resident of Village- Jura Pakri,
                 P.S.- Ramnagar, District- West Champaran (Bettiah).

                                                                    ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through its Principal Secretary, Panchayat Raj
                 Department, Govt. of Bihar.
           2.    The Accountant General, Govt. of Bihar.
           3.    The Senior Account Officer, Officer of Accountant General, Patna, Bihar.
           4.    The District Magistrate, West Champaran (Bettiah).
           5.    The District Treasury Officer, West Champaran (Bettiah).
           6.    The District Panchayat Raj Officer, West Champaran (Bettiah).
           7.    The Block Development Officer Ramnagar, West Champaran (Bettiah).
           8.    The Block Development Officer, Chanpatiya, West Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kaushal Kishor, Advocate
                 For the Respondent/s     :      Mr. K.P.Gupta, GP 10
                                                 Mrs. Nivedita Nirvikar, Sr. Advocate
                                                 Mr. Satya Vrat, AC to GP 10
                                                 Mr. Pravin Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   13-03-2026                    1. Heard learned counsel for the petitioner and

                   learned counsel for the respondents.

                                  2. The petitioner has filed the instant application

                   for the following reliefs:

                                        “I. For direction to respondent authority for
                                        Treatment of Seniority to be given to the
                                        petitioner from 1995 as to junior to petitioner
                                        who were working as a dalpati made as
                                        Panchayat Secretary rather petitioner were
                                        given    said      benefit      only       in   2003.
Patna High Court CWJC No.3423 of 2026(2) dt.13-03-2026
                                            2/3




                             II. For direction to respondent authority to make
                             payment of salary between 1995 to 2003 in the
                             scale of Panchayat Secretary rather than Dal
                             Pati.
                             III. For direction to respondent for any other
                             reliefs for which petitioner may found entitled, fit
                             and proper for want of justice.”
                      3. It is the case of the petitioner that having been

          appointed as Dalpati, he started working in the said capacity.

          Not having been promoted to the post of Panchayat Secretary

          inspite of the policy decision of the State Government, the

          petitioner moved this Court vide CWJC no.1641 of 1998 which

          was disposed of by order dated 8.9.1999 (Annexure-P/1)

          directing the District Magistrate to consider the case of the

          petitioner expeditiously.

                      4. It is submitted by learned counsel for the petitioner

          that pursuant to the directions passed by this Court, the case of

          the petitioner was considered by the District Selection

          Committee which led to the petitioner being made Panchayat

          Sachiv in October, 2003.

                      5. The grievance of the petitioner is that persons

          junior to the petitioner as Dalpati having been made Panchayat

          Sachiv earlier to this petitioner, as such he moved this Court by

          way of writ application for the reliefs as stated hereinabove.
          Patna High Court CWJC No.3423 of 2026(2) dt.13-03-2026
                                                      3/3




                                6. At the outset, learned counsel for the respondents

                    submits that the writ application is fit to be dismissed on the

                    ground of delay and laches itself, there being no explanation for

                    not having moved this Court earlier in the year 2003.

                                7. This Court finds substance in the submissions made

                    by learned counsel for the respondents.

                                8. It may be observed that the Hon’ble Supreme Court

                    in the case of Surjeet Singh Sahni versus State of Uttar

                    Pradesh & Ors.; (2022) 15 SCC 536 has observed that filing of

                    representation does not extend the limitation and the person

                    aggrieved has to approach this Court within a reasonable time.

                                9. Having heard learned counsel for the parties and

                    having perused contents of the petition, the Court is satisfied

                    that the case is fit to be dismissed on ground of delay and

                    laches.

                                10. The writ application and the same is dismissed.



                                               (Partha Sarthy, J)
Bibhash

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.