The High Court dismissed the writ petition for non-availability of employment and salary. The court held that the claim was barred by laches due to an unexplained inordinate delay of 13 years in filing the petition.
None. Writ petition dismissed on grounds of laches due to 13 years delay.
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Court No. - 3
Case :- WRIT - A No. - 14947 of 2019
Petitioner :- Pradeep Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atul Kumar Srivastava,Kamlesh Shrama
Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan,Rohit Upadhyay
Hon'ble Saral Srivastava,J.
Heard counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri Rohit Pandey, learned counsel for respondent no.6.
Petitioner claims to have been appointed on the post of Assistant Teacheron 02.01.2006 in Primary School Tanti, Block Birnu, District Ghazipur. No approval of appointment has been granted by District Basic Education Officer till date. The petitioner in the present case has prayed for merely the following reliefs:-
"I) Issue a writ, order or direction in the nature of Mandamus directing the respondents to pay salary to the petitioner as Assistant Teacher with all other emoluments admissible under law including arrears of salary payable to petitioner within the specified period as this Hon'ble Court."
According to the petitioner he has not been paid salary since the date of his appointment. More than 13 years have been passed and the petitioner has not taken recourse to any legal remedy. There is no averment in the writ petition explaining inordinate delay of 13 years in filing the present writ petition.
The writ petition is barred by laches and is, accordingly, dismissed.
Order Date :- 18.11.2019 AKT
1 issue framed by the court
Whether a writ petition filed after an inordinate delay of 13 years without explanation regarding denial of salary is maintainable.
Pradeep Kumar
State Of U.P.
Saral Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
