Single judge dismisses writ petition seeking salary for 1992-93 on grounds of excessive delay and latches, despite earlier payment claim. Petitioner allowed separate execution remedy.
Writ petition dismissed; petitioner free to recover salary via execution.
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Appellate Side
Writ Petition No.4373 of 2008
Shaikh Shafiuddin Fayyazuddin Vs. Deputy Director of Education, Nasik Division, Nasik & ors. Mr.A.R.Shaikh for petitioner. Mr.Sandeep Shinde for resp.nos.3 and 4. Mr.R.D.Rane for resp.no.2. Ms.M.P.Thakur, AGP for resp.no.1
Petitioner
Respondents
CORAM: J.N.PATEL & S.J.KATHAWALLA,JJ.
November 17, 2008.
P.C.
been filed beyond a reasonable period. Therefore, it
stands dismissed for delay and latches.
2
| come | up | with | the | case that t |
he a |
mount due |
and | payable |
|---|---|---|---|---|---|---|---|---|
| is | already | paid | to |
the petitio |
ner | and made |
available | |
| the | audited | accoun | ts of the |
respo | ndent - |
society | in | |
| support | of | their | con | tention, we |
fin | d that |
the | petition |
| is | hopeless | ly b |
arred | for the |
reason | that th |
e cla |
im is |
| made | for | the | period | from July |
1992 | to Dece |
mber | 1993, |
| whereas | the | pe | tition | is filed |
in |
the | year | 2008. |
| Therefore, | we | dism | iss the pet |
ition | on the |
ground | of | |
| delay | and | latches | . | In so far |
as | the other |
relief | is |
concerned, the petitioner is at liberty to prosecute
the same independent of the claim.
| 4. | We | make it clear | that dismissal of this | |||
|---|---|---|---|---|---|---|
| petition | on | the ground |
of delay and |
latches | does | not |
| preclude | the | petitioner | to recover |
his | salary | by |
| resorting | to | execution | of the order |
under | which | he |
claims that he is entitled to receive salary from the
respondents.
2 issues framed by the court
Whether a petition filed in 2008 seeking salary for 1992-1993 can be entertained beyond one year.
Whether delay and latches bar the writ petition.
Shaikh Shafiuddin Fayyazuddin
Deputy Director of Education, Nasik Division, Nasik
J.N.PATEL
S.J.KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
