Munna Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.673 of 2015 =========================================================== Munna Kumar Son of Late Jugeshwar Mahto R/o Village Mahawal, P.O. Mahawal, P.S. Motipur, District Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar

2. The Secretary-cum-Health Commissioner, Govt of Bihar, New Secretariat, Patna.

3. The In-charge-Health Officer, Primary Health Centre, Righa, Sitamarhi

4. The Secretary to Commissioner, Tirhut Division, Muzaffarpur

5. The District Magistrate, Sitamarhi .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Mani Bhushan Kumar, Advocate For the Respondent/s : Mr. Sangha Mitra Ghosh, AC to GP-15 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 24-11-2016 The mother of petitioner, late Paspati Devi was posted as Mahila Kachha Sevika at Primary Health Centre, Righa, Sitamarhi. She died on 02.05.1983. The petitioner claims himself to be her son aged about 46 years. He filed the present writ petition for issuance of a direction to the respondents to pay retiral dues after 02.05.1983 and leave encashment on the due amount. Learned counsel for the State has submitted that the case is hopelessly time barred. Even as per the own showing of the petitioner, he attained his majority merely 27 years ago and his

Patna High Court CWJC No.673 of 2015 dt.24-11-2016 2/2 mother died in the year 1983, i.e., 33 years ago. I find substance in the argument of the learned counsel for the State.

The application is dismissed on the principle of delay and laches.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE ...

Uploading Date 25.11.2016 Transmission Date