Uday Narayan Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.17746 of 2015 dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17746 of 2015 =========================================================== Uday Narayan Singh, Son of Late Bujhaban Singh, Resident of K - 509, Hanuman Nagar, P.s. - Patrakar Nagar, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Health, Govt. of Bihar, Patna.

3. The Deputy Secretary, Department of Health, Govt. of Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Amit Prakash For the Respondent/s :

Mr. Kumar Manish, SC-21 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 17-09-2016 Heard the parties.

The petitioner has questioned the order bearing Memo No.84 dated 19.1.2002 in so far as it restricts the pay and allowances to the subsistence allowances drawn by him during the suspension period i.e. 20.4.1999 to 10.11.2000. Although the petitioner chooses to rely upon certain representations which are dated 25.1.2002 onwards but this reliance would not condone the delay of almost 13 years which the petitioner has taken to raise the grievance before this Court. The writ petition suffers from gross laches and delay and does not require any indulgence. A writ jurisdiction is an efficacious remedy to be invoked by vigilant litigants within reasonable time and not available for those who sleep over their rights to rise after more than 13 years.

The writ petition is dismissed accordingly.

(Jyoti Saran, J) deepika/- U