Petitioner, a retired employee, sought directions for payment of long-pending honorarium, salary increments, and promotion-related differences. The Court dismissed the writ petition as claims were stale and filed decades after retirement.
Null and void in that all claims were dismissed on grounds of staleness.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5478 of 2013
====================================================== Jagdish Sah son of Late Jagarnath Sah, resident of Village- Sukulwan Kala, P.S. and District- Gopalganj.
.... .... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, H.R.D. Department. 2. The Chairman, Bihar School Examination Board, Patna-17 3. The Secretary, Bihar School Examination Board, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Indu Bhusan, Adv. For the Respondent No.1: Dr. Chandra Shekhar Azad, AC to GA-9 For the Respondent no.2 & 3 : Mrs. Binita Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
2 05-04-2013 Heard the parties.
The petitioner has approached this Court under Article 226 of the Constitution of India for a direction to the respondents for payment of following dues of the petitioner, namely,
(i) honorarium dues from 1977 to 1981, (ii) Annual increment salary from 1977 upto 2001 and (iii) differences of salary from 01.03.1981 to 1983 arising out of promotion.
After having heard the parties and on perusal of the materials available on record, this Court finds that so far the claim regarding payment of honorarium dues and differences of salary are concerned, both claims are very old and stale claims of more than 30 years. The claim regarding annual increment of salary is also more than 12 years old. Admittedly, the petitioner retired from the service of the respondent Board long ago, yet he remained sleeping and has suddenly woken up from deep slumber for raking up his all stale claims, when possibly relevant records might have been destroyed or lost.
Patna High Court CWJC No.5478 of 2013 (2) dt.05-04-2013
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In view of the fact that all the claims are very old and stale, this Court is not inclined to exercise its discretionary powers under Article 226 of the Constitution of India.
The application stands dismissed.
(Birendra Prasad Verma, J)
BTiwary/-
1 issue framed by the court
Whether the Court should exercise discretion under Article 226 of the Constitution to direct payment of very old stale claims regarding honorarium, increment, and salary differences.
Jagdish Sah
The State of Bihar through the Principal Secretary, H.R.D. Department
The Chairman, Bihar School Examination Board
The Secretary, Bihar School Examination Board
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
