The High Court of Chhattisgarh dismissed a writ petition challenging the rejection of a teacher's claim for regular pay scale from the date of appointment as an arbitrary and illegal distinction. The court held the petition dismissible solely on grounds of delay and laches.
The petition is dismissed on the grounds of delay and 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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No.1067 of 2016
Baldau Singh Thakur S/o Shri Late Shambhu Singh Thakur, Aged About 58 Years Resident- Near Shri Hari Hospital, Bus Stand Abhanpur, Post And Police Station Abhanpur, Abhanpur, District Raipur, Chhattisgarh.
---- Petitioner
Versus
---- Respondents
For Petitioner : Shri Jitendra Gupta, Advocate For Respondent/State : Shri Bhaskar Payashi, PL
Hon'ble Shri Justice Manindra Mohan Shrivastava
Order On Board
18/07/2016
Heard.
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from the initial date of appointment. However, the respondents illegally rejected the claim of the petitioner by stating that the benefit of regular pay scale would be given to those teachers only, who have been appointed during the period mentioned in the impugned order. Learned counsel for the petitioner submits that the distinction drawn by the authority is illegal and arbitrary.
Seeking to explain the delay in filing the petition, an affidavit has been filed by the petitioner stating that number of teachers, junior to the petitioner, were granted promotion vide order dated 09-06-2015, as such, cause of action arose for filing this petition.
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SD/( Manindra Mohan Shrivastava) Judge
Tumane
1 issue framed by the court
Whether the delay of more than four years in filing the writ petition, without plausible explanation, warrants dismissal under the ground of laches?
1 provisions across 1 enactments
Baldau Singh Thakur
State Of Chhattisgarh
Manindra Mohan Shrivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
