The Patna High Court dismissed a writ petition concerning post-retiral benefits. The court rejected the application due to gross delay of nearly 12 years and laches, exacerbated by the petitioner's death without substitution.
The writ application was dismissed on the grounds of gross delay and laches.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 295 of 2009
====================================================== Sheo Pujan Singh Son of late Ram Briksh Singh, resident of VillageMaudihan, P.O.-Manipur, P.S.-Garhnokha, District-Bhojpur at Arrah. .... .... Petitioner Versus 1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna. 2. The Director (Health), Department of Health, Government of Bihar, New Secretariat, Patna. 3. The Accountant General, Bihar, Patna. 4. The Principal, Patna Medical College, Patna. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Shivendra Kishore, Adv. For the State : Mr. G.P.-13 For the Accountant General : Mr. Kumar Priya Ranjan, Adv. ===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
4. 07.01.2015 Heard learned counsel for the parties.
Learned counsel for the petitioner submits that the sole petitioner had died in year 2010.
It appears from the pleading that the petitioner retired in the year 1997 and thereafter some recovery was directed to be made from his post retrial benefits in the year 1997/1998 itself. However, the writ application has been filed in the year 2009 that is after a delay of almost 12 years. Further, even after the death of the petitioner in the year 2010, till date no substitution has been made.
In view of the aforesaid, this Court finds that the application is fit to be rejected on the ground of gross delay and laches on the part of the original writ petitioner as well as
Patna High Court CWJC No.295 of 2009 (4) dt.07-01-2015
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his heirs.
Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.)
Anand Kr.
U
1 issue framed by the court
Whether the writ application regarding post-retiral benefits is maintainable given the gross delay of almost 12 years and the failure to make substitution after the petitioner's death.
Sheo Pujan Singh (deceased)
The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar
The Director (Health), Department of Health, Government of Bihar
The Accountant General, Bihar
The Principal, Patna Medical College, Patna
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
