Dismissed

Dinesh Choudhary v. The State Of Bihar and Ors.

Patna HC12 Jul 2013CWJC/13097/2013

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What is this about?

The petitioner sought regularization of services and salary payment with interest for an appointment made in 2004. The single judge court dismissed the writ petition as a stale claim, finding the petitioner lacked diligence in pursuing remedies and found no reason to exercise extraordinary writ jurisdiction.

What did the court decide?

The writ petition stands dismissed; no direction for regularization or salary payment granted.

Dinesh Choudhary Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13097 of 2013

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====================================================== Dinesh Choudhary, S/o Sri Shree Nath Choudhary and resident of Road No.8, Ashok Nagar, Ram Lakhan Path, P.S.-Kankarbagh, Town and District-Patna and at present posted as Assistant Engineer, Rural Works Department, Works Division-Sakra, P.S.-Sakra, District-Muzaffarpur

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.... .... Petitioner Versus

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The State of Bihar

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The Secretary, Rural Works Department, Vishwasaraiya Bhawan, Bailey Road, Patna 3. The Commissioner & Secretary, Road Construction Department, Vishwasaraiya Bhawan, Bailey Road, Patna 4. The Finance Commissioner, Government of Bihar, Patna

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.... .... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Amitabh Sohan, Advocate For the Respondents : Mr. Sanjay Kumar, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 12-07-2013 The present petition has been filed for a direction for regularization of the services of the petitioner and the payment of his salary from the date of his joining along with compound interest @ 10% per annum.

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Without entering into the merits of the matter, this

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Court is of the view that the petitioner is pursuing a stale claim considering that the appointment of the petitioner was made as far back on 31.07.2004 and the representation for redressal of his grievance was filed on 12.01.2007 (Annexure-5). The case of similarly situated Rakesh Kumar Singh was also decided in C.W.J.C. No. 237 of 2001 as far back on 08.05.2008. In the above circumstances, the petitioner has

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Patna High Court CWJC No.13097 of 2013 (2) dt.12-07-2013

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clearly not been diligent in pursuing his remedies and this Court does not find any reason to grant relief in its extraordinary writ jurisdiction.

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The writ petition stands dismissed.

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(Vikash Jain, J)

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P.K./-

Dinesh Choudhary v. The State Of Bihar and Ors.

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Dinesh Choudhary v. The State Of Bihar and Ors.

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