Sunil Kumar Singh @ Sunil Singh v. The Union Of India And ORS

Patna High Court LPA No.1428 of 2012 dt.18-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1428 of 2012 IN Civil Writ Jurisdiction Case No. 10810 of 2012 =========================================================== Sunil Kumar Singh @ Sunil Singh S/O Late Raj Ballam Singh VillageDarihara Bhual, P.O.- Darihara, P.S.- Dariyapur, District- Saran (Bihar) .... .... Appellant

Versus

1. The Union of India through Secretary, Ministry of Railway, Govt. of India, New Delhi

2. The Director General, Railway Protection Force, Ministry of Railway, Govt. of India, New Delhi

3. The Senior Divisional Security Commissioner, Railway Protection Force, North Frontier Railway, Katihar

4. The Divisional Security Commissioner, Railway Protection Force, North Frontier Railway, Katihar

5. The Assistant Security Officer, Railway Protection Force, North Frontier Railway, Katihar

6. The Divisional Railway Manager, North Frontier Railway, Katihar .... .... Respondents =========================================================== Appearance :

For the Appellant/s : Mr. Dr. Binay Kumar Singh, Advocate For the Respondent/s : None =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 18-08-2015 Heard learned counsel for the appellant at length.

We are satisfied that the learned Single Judge did not err in dismissing the writ petition. The appellant claims to be a son of a railway employee. First, his mother filed a writ petition claiming that her husband Late Raj

Patna High Court LPA No.1428 of 2012 dt.18-08-2015 Ballam Singh, had died in harness in the year 1977 and claimed death cum retiral dues. This application, by the mother, was filed in the year 2001. She was given liberty to file a representation. Thereafter this writ petition was filed by the son in the year 2012. The writ court dismissed it on the ground that the Railway authorities had discharged him from railway service in the year 1973. There are no papers to show that he died in harness in 1977. Further, the claim was being made in the year 2012 by the son. After more than 30 years the claim being hopelessly barred, we have no manner of doubt, the learned Single Judge rightly dismissed the writ petition.

This Appeal is, dismissed, accordingly.

(Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Rajeev/- U