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Patna High CourtCWJC/10727/2022dismissed

Siyapati Devi v. The State Of Bihar

2023-01-11Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10727 of 2022 ====================================================== Siyapati Devi W/o Ramchandra Tiwari Resident of Village- Bhada (Murli), P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director, Primary Education Bihar, Patna. 3.

The District Education Officer, East Champaran, Motihari. 4.

The District Programme Officer (Establishment), East Champaran, Motihari. 5.

The Block Education Officer, Harsidhi, District- East Champaran. 6.

The Accountant General, Bihar, Birchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Adv.

For the State :

Ms. Abhanjalli, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 11-01-2023

1. The petition has been filed for grant of benefit of second time bound promotion due with effect from 01.04.1991. The writ petition has been filed in the year 2022 without giving any cogent reasons for not approaching this Court earlier. While the petitioner retired on 02.06.2005 and her retiral benefits were also released in 2006, she has not raised any grievance. More than eighteen years have passed by since retirement.

2. Keeping in view the judgment passed by the Supreme Court in Sharif Masih Vs. Punjab & Haryana High Court as reported in 2007 (15) SCC 753 held as under :-

Patna High Court CWJC No.10727 of 2022(3) dt.11-01-2023 2/2 "3. A plain reading of the impugned order shows that it is an appropriate one. At any rate, the High Court was justified in dismissing the writ petition on the ground of delay and laches. The fact remains that the order of dismissal was made in the year 1983, validity of which was questioned after 15 years as observed by the High Court. Looking from any angle the impugned order is perfectly justified. Finding no merit in the appeal, it is dismissed. No costs."

3. The writ petition is dismissed on ground of gross laches and delay.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 13 U