This special appeal against a single bench order dismissing a writ petition for laches was dismissed. The court held that no case for interference was made out as the appellant failed to justify the delay regarding payment of dues for the specific period in question.
No relief granted; appeal dismissed.
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Court No. - 21
Case :- SPECIAL APPEAL No. - 748 of 2018
Appellant :- Dinesh Rai Respondent :- State Of U.P. And 5 Ors Counsel for Appellant :- Gopal Ji Rai 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 16.07.2018 passed by learned Single Bench in Writ A No.14931 of 2018 dismissing the petition for writ being suffered by laches.
Learned counsel appearing on behalf the appellant-petitioner submits that the entire issue with regard to determination of dues relating to pay of the petitioner came into existing as a consequence to the direction given by learned Single Bench of this Court in Writ Petition No.27114 of 2017 decided on 26.07.2017 and as such there was no delay or laches on part of the appellant-petitioner. True it is, case of the appellantpetitioner with regard to payment of dues relating to salary was considered by the respondent in compliance to the direction given on 26.07.2017, but in the petition for writ aforesaid no issue was raised with regard to payment of wages for the period commencing 15.07.1995 to 31.10.1997. Even otherwise from a perusal of the order dated 21.03.2018 (Annexure-5) passed by the Director of Education (Secondary), U.P. deciding representation submitted by the appellant-petitioner pertaining to payment of due wages, it is apparent that no evidence was available on record to establish that the appellant-petitioner ever remained in service of the respondent from 15.07.1995 to 31.10.1997.
Learned counsel appearing on behalf of the appellant-petitioner brought to our notice the order dated 04.11.1997 passed by the District Inspector of Schools, District Ballia (Annexure-1 to the writ petition) but that too is of no consequence. Order aforesaid relates only for financial approval given on 27.10.1997.
In view of it, no case is made out for interference in appeal. The appeal is dismissed.
Order Date :- 20.8.2018 Asha
(Chandra Dhari Singh,J.) (Govind Mathur,J.)
2 issues framed by the court
Whether the appellant's appeal against dismissal of writ petition on grounds of laches is maintainable to claim payment of dues from 1995-1997.
Whether the order dismissing the petition for suffering laches can be disturbed.
Dinesh Rai
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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