The High Court dismissed a writ petition seeking arrears of salary from 1995. The court held that the petitioner had only litigated for a later period (2011-2016) and filed this claim after 21 years without explanation, invoking laches as the ground for dismissal.
Writ petition dismissed on ground of laches.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 7 Case :- WRIT - A No. - 14931 of 2018 Petitioner :- Dinesh Rai Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gopal Ji Rai Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner and the learned standing counsel for the State.
This writ petition has been filed for the following relief:
"i) issue a writ, order or direction in the nature of mandamus directing the District Inspector of Schools, Ballia to pay the salary to petitioner from 15.7.1995 to 31.10.1997 and others dues, with interest, within a specific period as may be fixed by this Hon'ble Court."
The petitioner is raising the grievance for alleged non payment of salary for the period from 15.7.1995 to 31.10.1997 after about 21 years. The petitioner contested the dispute with regard to non payment of his salary from February 2011 to March 2016. He filed Writ - A No.27114 of 2017 which was disposed of by order dated 26.7.2017. He also filed a Contempt Application (Civil) No.4851 of 2017, which was disposed of by order dated 1.11.2017. He filed another Contempt Application (Civil) 152 of 2018. An order with regard to payment of salary for the period from February 2011 to March 2016 was passed by the Director of Education (Secondary) dated 21.3.2018. The facts as aforenoted clearly shows that the petitioner was contesting the matter of his non payment of salary only for the period from February 2011 to March 2016. He never raised any issue with respect to alleged non payment of salary for the period from 15.7.1995 to 31.10.1997. The writ petition has been filed after more than 21 years. No reason has been disclosed for the laches.
In view of the aforesaid, the writ petition is dismissed on the ground of latches.
Order Date :- 16.7.2018/vkg
1 issue framed by the court
Whether a writ petition seeking salary payment after 21 years should be dismissed due to laches.
Dinesh Rai
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
