The petitioner sought relief for retirement benefits denied for 19 years due to junior employees being granted the benefit first. The court rejected the claim, ruling that mere filings of representations do not excuse the significant lapse of time for filing a writ.
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
Miscellaneous Jurisdiction Case No.1879 of 2016
====================================================== Vijay Kumar Singh son of Late Baldeo Narayan Singh, resident of village + PO-Kaithi, PS-Chautham, District-Khagaria.
.... .... Petitioner/s
Versus
.... .... Respondent/s
2 20-07-2016 C.W.J.C. No. 16461 of 2013 was taken up on 08/04/2016, after some argument the counsel for the petitioner withdrew the writ application. The present M.J.C. has been filed to recall the order dated 08/04/2016.
Heard learned counsel for the petitioner and learned counsel for the State.
In the present case, the petitioner is seeking the relief with respect to matter of 1997. Claim has been made that the persons, who are juniors to him, have been granted the benefit, but he has been left out. For redressal of his grievance he has filed the several representations.
This Court is of the view that the relief cannot be
Patna High Court MJC No.1879 of 2016 (2) dt.20-07-2016
2/2
extended to the petitioner on the ground that he is seeking the relief with respect to 1997 matter, i.e. after 19 years. Merely filing of the representation would not condone the delay in filing of the writ application.
This Court does not find any merit in the present case and the same is, accordingly, dismissed.
(Shivaji Pandey, J)
Mahesh/-
U
1 issue framed by the court
Whether a delay of 19 years in seeking retirement benefits can be condoned merely by filing representations?
Vijay Kumar Singh
The State of Bihar
Bihar State Handloom and Handicrafts Corporation Ltd.
The Principal Secretary, Department of Industries, Bihar
The Principal Secretary, Finance Department, Government of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
