Special appeal preferred against Single Bench order dismissing a writ petition for writ of certiorari for laches. Court held no merit as no delay justification was given. Appeal dismissed.
Special Appeal No. 745 of 2018 dismissed.
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Court No. - 21
Case :- SPECIAL APPEAL No. - 745 of 2018
Appellant :- C/M Baba Raghav Das Krishak Inter College And Another Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Krishnaji Khare,Ardhendu Prakash Mani Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is preferred to question correctness of the order dated 09.07.2018 passed by learned Single Bench in Writ-A No. 14366 of 2018.
By the order aforesaid, learned Single Bench dismissed the petition for writ being suffered by latches.
The argument advanced by learned counsel for the appellants is that in light of the order dated 10.01.2018, there is no delay in filing the petition for writ.
We do not find any merit in the argument advanced.
Under the order dated 19.07.2005, the District Inspector of Schools, Deoria directed the competent Authority to make the payment of salary to the respondent - Sanjay Kumar Pandey who was employed under an order dated 19.05.2005. Under the order dated 10.01.2018, selection grade has been allowed to aforesaid Sri Sanjay Kumar Pandey on completion of 10 years of service. The grant of selection grade does not prescribe any cause of action to the appellantpetitioner to challenge the order dated 19.07.2005 which as a matter of fact is nothing but an order consequential to the order of appointment dated 19.05.2005. In the entire petition for writ, no explanation is given for causing huge delay in filing the petition for writ. An objective examination of facts reflects latches on part of the petitioner, therefore, the writ petition was rightly rejected. No justifiable reason exists to interfere with the same.
The appeal is dismissed.
Order Date :- 28.8.2018 Shubham
(Chandra Dhari Singh, J.) (Govind Mathur, J.)
3 issues framed by the court
Whether the writ petition suffered by laches in view of an interim order regarding selection grade.
Whether the Single Bench order dismissing the writ petition for laches should be interfered with in this special appeal.
Whether the appellant is aware of the dates of appointments and consequential orders causing delay.
C/M Baba Raghav Das Krishak Inter College And Another
State Of U.P. And 5 Others
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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