The Court dismissed a writ petition filed by a retired employee seeking arrears of salary and pension benefits. The judgment held that the petitioner suffered from inexcusable delay and laches, thus barring the exercise of writ jurisdiction.
Relief a prayed for _redacted_>Ishasha no merit.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9781 of 2016
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Umeshwar Prasad Shahi S/O Late Vijay Prasad Shahi R/O Panch Pakar, P.S. Bathnaha, Dist.-Sitamarhi
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Respondent/s : Mr. Prabhat Ranjan Singh, AC to AAG-15 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 07-12-2023
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
“(i) To issue an appropriate writ order or direction commanding the respondents to pay the salaries of the petitioner for the period from 17.01.2006 to 07.01.2008 and also from the period from 01.08.2010 to 31.12.2010 forthwith.
Patna High Court CWJC No.9781 of 2016 dt.07-12-2023 2/6
(ii) To issue an appropriate writ order or direction commanding the respondents to accord the benefit of 6th pay revision for which the petitioner was entitled from 01.04.2007 to 31.07.2013.
(iii) To issue an appropriate writ order or direction to the respondents to pay the due salaries of above noted period and revision of pay along with arrear and current re-fixation of the pension on the basis of 6th pay revision apart from full pension, leave encashment and other post retirement dues on account of benefits of 6th pay revision.
(iv) To issue an appropriate writ order or direction to accord the benefit of third ACP to the petitioner with effect from January, 201o along with all consequential benefits.
(v) To issue an appropriate writ order or direction commanding the respondents to award the cost of litigation and suitable compensation for the loss and damages caused to the petitioner due to the inaction on the part of the respondents.
Patna High Court CWJC No.9781 of 2016 dt.07-12-2023 3/6
(vi) To award any other award any other relief/s for which the petitioner is found entitles in the facts and circumstances of the case.
Patna High Court CWJC No.9781 of 2016 dt.07-12-2023 4/6
(i) The gratuity amount of Rs. 8,25,386/- was paid to the petitioner on 16.12.2013 through his Bank Account.
(ii) The Group Insurance of Rs. 1,62,324/- was paid to the petitioner on 26.05.2014 through his Bank Account.
(iii) The General Provident Fund of Rs. 4,18,956/- was paid to the petitioner on 26.05.2014 through his Bank Account.
(iv) The due salary of Rs. 1,39,072/- was paid to the petitioner according to New Pay Fixation.
(v) The provisional pension till June 2015 of
Rs. 24,480/- was paid to the petitioner.
(vi) The bill of earned leave of Rs. 2,19,984/has been passed by the Treasury.
Patna High Court CWJC No.9781 of 2016 dt.07-12-2023 5/6
“20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation v. Dosu Aardeshir Bhiwandiwala and Others, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus :-
“The Court while exercising its jurisdiction under Article 226 is duty bound to consider whether :
(a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolves;
(b) the petition reveals all material facts;
Patna High Court CWJC No.9781 of 2016 dt.07-12-2023
6/6
(c) the petitioner has any alternative or effective remedy for the resolution of the dispute;
(e) ex facie barred by any laws of limitation;
(f) grant of relief is against public policy or barred by any valid law; and host of other factors.”
(Rajesh Kumar Verma, J)
Ibrar//-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 13.12.2023 |
| Transmission Date | N.A. |
2 issues framed by the court
Whether a writ petition for arrears of salary and retirement benefits is maintainable despite unexplained delay and laches.
Whether the petitioner's delay in approaching this Court bars the grant of relief under Article 226.
Colour shows how this judgement treated each authority
State of Jammu and Kashmir Vs. R.K. Zalpuri and OthersReferred¶37
State of Jammu and Kashmir Vs. R.K. Zalpuri and Others, reported in AIR 2016 SUPREME COURT 3006 · Who else cites this
City and Industrial Development Corporation v. Dosu Aardeshir Bhiwandiwala and OthersReferred¶38
City and Industrial Development Corporation v. Dosu Aardeshir Bhiwandiwala and Others
Umeshwar Prasad Shahi
The State Of Bihar
The Principal Secretary, Labour Resource Department, Govt. of Bihar
The Director, Labour Employment and Training, Govt. of Bihar
The Joint Director , Labour Employment and Training , Govt. of Bihar
The Deputy Director, Muzaffarpur, Labour Resource Department, Govt. of Bihar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
