Petitioner sought increments for promotion from 1986 to 1989, claiming stoppage was arbitrary. The Court held the claim was stale due to a 19-year delay in filing the writ after superannuation.
None. The I.A. was allowed to substitute names, but the main writ petition was dismissed.
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.19010 of 2008
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Hit Narayan Prasad, Son of Late Darbari Prasad, Resident of Mohalla Shastri Nagar, College Road, Road No. 8, P.S. – Munger, District-Munger. At present C/O Sri Sanjay Singh, Hanuman Nagar, Near bypass, Subhash Nagar, Lane No. 2, Khemni Chak, P.S. Patrakar Nagar, District – Patna-20.
.... .... Petitioner
Versus
.... .... Respondents
=========================================================== Appearance : For the Petitioner : Mr. Kartik Kumar Sinha, Advocate. Mr. Mala Sinha, Advocate. For the Respondents : Mr. (GP4) Mr. J.P.Karn
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 07-02-2017
I.A. No. 576 of 2017
Learned counsel for the petitioner submits that names of the persons mentioned in paragraph 2 of the I.A. No. 576 of 2017 are the daughters and sons of the petitioner Hit Narayan Prasad who died on 05.03.2015.
2 . Learned counsel for the petitioner is permitted to expunge the name of petitioner Hit Narayan Prasad and substitute names of his daughters and sons.
3 . I.A. No. 576 of 2017 is allowed.
Patna High Court CWJC No.19010 of 2008 dt.07-02-2017
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4 . The petitioner filed this writ petition for direction to the respondents to give three increments with effect from 1986-1989 on account of promotion to the petitioner. The petitioner joined as Audit Clerk in the Finance Audit Department in the year 1956. On 22.09.1986, the petitioner was promoted to the post of Deputy Controller of Accounts but after promotion the petitioner did not get any increment from the year 1986 till his retirement in the year 1989. The increment was not given to the petitioner on the ground that the petitioner did not pass the Hindi Examination.
5 . Learned counsel for the petitioner submits that stoppage of the increments of the petitioner is arbitrary and bad in law but it appears that the petitioner was promoted in the year 1986 and he was given all consequential benefits. The petitioner retired in the year 1989 but he did not take any step if the authority did not grant him the increments. The petitioner filed this writ petition in the year 2008 i.e. after 19 years after his superannuation.
6 . The claim of the petitioner is stale on this ground alone I do not find any merit in this writ petition. Accordingly, the same is dismissed.
(Prabhat Kumar Jha, J.)
KKSINHA/-
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1 issue framed by the court
Whether the petitioner is entitled to increments consequential to promotion despite delay of 19 years in filing the writ petition.
1 provisions across 1 enactments
Hit Narayan Prasad
The State of Bihar
The Secretary, Finance Department
The Chief Controller of Accounts
The Incharge, Deputy Controller of Accounts
The Under Secretary Claim Cell
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
