Krishnanand Jha v. The State Of Bihar and Ors.
Case brief
What is this about?
Delay and laches — writ petition filed after superannuation — regularization denied. Retired PHED Nalkul Khallasi (Grade-D) sought regularization as Inspector/Work Sarkar (Group-C) under Public Health Engineering Division, Khagaria and parity (three promotions, benefit counting of 34 years vs 10 years) with similarly situated employees. Patna High Court, Rajesh Kumar Verma, J., 16-01-2024, dismissed CWJC No. 9735 of 2016 solely on delay/laches as grievance was never raised during service. Related references (via State counsel): GAD Memo No. 639 dated 16.03.2006; Finance Department Memo No. 10710 dated 17.10.2013; C.W.J.C. No. 7359 of 2002 (referred). Useful for: post-retirement challenge to service benefits, acquiescence/delay in service matters, Bihar PHED absorption policy.
What did the court decide?
The writ petition is dismissed on the ground of delay and laches: it is an admitted fact that the petitioner retired from service w.e.f. 31.01.2016, and only after retirement did he seek the same relief as granted to other similarly situated persons, without raising or challenging the grievance at any time during his service period.