A widow contestedlier her late husband's salary difference for the years 1971-1973. The High Court dismissed the writ petition due to laches and delay. No substantive legal principle was established.
Direction to pay difference salary of Rs. [Amount] was denied.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2570 of 2016
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Most. Draupadi Devi Wife of Late Ram Chandra Mishra Resident of Village Shirnia, P.O. Gogri Jamalpur P.S. Gogri, District Khagaria.
.... .... Petitioner
Versus
.... .... Respondents
====================================================== Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the State : Mr. Rakesh Ranjan, AC to GP-22 For Accountant General : Mr. Anjani Kumar Sharan, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 05-07-2017 This writ petition has been filed by the petitioner for a direction to the respondents to pay the difference amount of salary with effect from 01.01.1971 to 31.03.1973.
The husband of the petitioner, late Ramchandra Mishra retired from Middle School, Machhra on 01.04.1994 while he was working on the post of teacher. He died on 21.12.2008. After 23 years of the date of retirement and after
Patna High Court CWJC No.2570 of 2016 (2) dt.05-07-2017
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about eight years of death of the deceased employee, his widow has filed the present writ petition for a direction to the respondents to pay the difference amount of salary of her husband with effect from 01.01.1971 to 31.03.1973.
In the opinion of this Court, the writ petition deserves to be dismissed on account of delay and laches.
Ordered accordingly.
(Ashwani Kumar Singh, J.)
Kanchan/-
U
1 issue framed by the court
Whether a claim for difference in salary over a 20-year-old period succeeded after a significant delay.
Draupadi Devi
State of Bihar
Under Secretary to the Government of Bihar
Accountant General
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
