The petitioner sought a writ of mandamus and certiorari to quash an order and grant salary benefits for a period ending on his resignation date. The single-judge bench dismissed the petition as devoid of merit due to a 16-year delay and the applicability of laches, noting the cause of action arose in 2001.
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W.P.(C) No.2249 of 2017
09.03.2017
Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel.
The petitioner has prayed that a writ in the nature of mandamus and certiorari
be issued quashing Annexure-1 and directing opposite party no.2 to grant the benefit in respe
ct of 2nd post of English in Bishnu Samantaray College, Nuahat for the period 09.09.1991 to 17
.02.2001 in his favour. It is apparent from the record that on 17.02.2001 the petitioner resig
ned from the post of 2nd lecture in English of the aforesaid College. So, he cannot claim the
salary at an enhanced rate for the aforesaid period. Moreover, the cause of action arose on 17
.02.2001 and the petitioner filed this writ petition in the year, 2017, i.e. after lapse of 16
years.
Keeping in view the delay, latches and stress nature of litigant, the writ pet
ition is not entertained and the same is dismissed being devoid of merit.
.
S.K. Mishra, J.
W.P.(C) No.22891 of 2016
Mr. S. Das and associates have appeared on behalf of the University, i.e. oppo
site party nos. 3 and 4. The petitioner-counsel is directed to serve a consolidated copy of th
e writ petition on the counsel appearing for the opposite party nos. 3 and 4 within three work
ing days and one extra copy of the same on learned Central Government Counsel Mr. Vivekanda Na
ik, who is assigned in this case on behalf of opposite party no.1. The name of the counsel for
opposite party nos. 3 and 4 and opposite party no.1 be reflected in the cause list in the nex
t listing.
Issue notice to opposite party no.2 through Regd. Post with A.D./Speed post re
turnable within four weeks. Postal requisites shall be filed within three working days.
Matter be listed immediately after service return/filing of the counter affida
vit.
S.K. Mishra, J.W.P.(C) No.9126 of 2015 Heard in part.
Because of non-production of the document, the matter could not be taken up fo
r further hearing.
Hence, list it on 04.03.2016.
Interim order dated 11.05.2015 is extended till the next date.
A free copy of this order be handed over to Miss.Sabitri Ratho, learned Addl.
Government Advocate for compliance.
S.K. Mishra, J.
5
2 issues framed by the court
Whether the writ petition seeking quashing of service benefits is maintainable given the 16-year delay and laches.
Whether the claim for enhanced salary is valid when the petitioner resigned from the post on 17.02.2001.
Petitioner
Opposite Party No.2
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court