The Patna High Court dismissed a writ petition seeking relief against the disengagement of a daily wage typist after a 20-year delay. The Court held that the petition was barred by laches and lack of merit, noting that mere filings of representations could not overcome such a delay.
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 10495 of 2019
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Rajeev Kumar Sinha Son of Narendra Kumar Sinha Resident of Saidpura, P.S.- Khagaul, District- Patna.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : M/s Sanjay Kr Tiwary, Braj Nandan Kr Tiwary, Advocates For the Respondent/s : Mr Rajeev Kr Sinha, AC to AAG VII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 20-09-2022
Heard learned counsel for the petitioner and the respondents.
2 The petitioner was employed on daily wages as a Typist in the Respondent-Khagaul Nagar Parishad. On account of financial constraint and some embargo emanating financial austerity, his engagement on daily wages has been brought to an end by order dated 16.12.1999. This writ petition has been filed assailing the order of disengagement, 20 years thereafter. The plea of the learned counsel for the petitioner is that the petitioner had
Patna High Court CWJC No.10495 of 2019 dt.20-09-2022 2/2
been filing representation from time to time and no action was being taken on the same.
3 The learned State Counsel submits that in view of nature of petitioner’s engagement on daily wages, coupled with the fact of delay and laches, no case is made out for interference.
4 The petitioner was working on daily wages and his engagement has been brought to an end simpliciter which does not cast any stigma on the petitioner and there is no requirement to comply with the principles of natural justice.
5 Having said so, this Court would observe that this is a case of glaring example of delay and laches. Mere filing of representations, the petitioner cannot overcome with the delay and laches, in this case, admittedly, being 20 years.
6 Writ petition is devoid of merit and is dismissed.
(Madhuresh Prasad, J)
M.E.H. /-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 01.10.2022 |
| Transmission Date | NA |
2 issues framed by the court
Whether the writ petition filed after a delay of 20 years regarding the disengagement of a daily wage typist can be entertained despite filings of representations.
Whether principles of natural justice are applicable when the termination of a daily wage engagement does not cast stigma on the employee.
RAJEEV KUMAR SINHA
STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR
DISTRICT MAGISTRATE, PATNA
EXECUTIVE OFFICER, KHAGAUL NAGAR PARISHAD, KHAGAUL, PATNA
SUB-DIVISIONAL OFFICER, KHAGAUL, PATNA
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
