MAHABIR PASWAN PRABHAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Having heard learned counsel for the petitioner and counsel for the State as with regard to the following prayer:--

(2.) The petitioner had retired in the year 1996 and thereafter he has filed this writ application in the year 2004. Counsel for the petitioner submits that the petitioner belongs to the reserved category and therefore his entitlement by way of benefit of his promotion can be agitated by the petitioner at any point of time.

(3.) Unfortunately, that is not the law. A reserved category employee may have any other privilege of getting promotion out of turn but then for him also, law will remain the same that he too has to move a court of law with regard to cause of action, alike any other person, within a reasonable period of time. Admittedly, the cause of action of the year 1991 onwards could not have been made subject matter in a writ application filed by him on 13.2.2004.