Satyendra Nath Varma v. The Barauni Thermal Power Station And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1221 of 2016 =========================================================== Satyendra Nath Varma, S/o Late Dr.M.N.S. Varma, R/o NY-68A, Maruti nandan, Janta Road, New Yarpur, Gardani Bagh, Patna.

.... .... Petitioner/s

Versus

1. The Barauni Thermal Power Station, Begusarai through its General ManagerCum-Chief Engineer, Barauni Thermal Power Station, Begusarai, 851116.

2. The General Manager-Cum-Chief Engineer, Barauni Thermal Power Station, Begusarai, 851116.

3. The Cheifr Managing Director, Bihar State Power holding Company Ltd, Vidyut Bhawan, Bailey Road, Patna.

4. The Managing Director, Bihar State Power generation Company Ltd, Vidyut Bhawan, Bailey Road, Patna-800001.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Verma, Adv. For the Respondent/s : Mr. Prakash Kumar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 24-08-2018 Heard the parties.

Considering that the relief of grant of pay scale of Chief Safety Officer with effect from 31.07.1991 is being raised after 23 years of the cause of action and 8 years of the superannuation of the petitioner on 31.07.2008, I am not persuaded to exercise my discretion to examine the grievance of the petitioner. The writ petition suffers from undue laches and delay and raises issue of in service benefits after 8 years of superannuation of the petitioner and as observed, about 23 years when the cause of action first arose.

Patna High Court CWJC No.1221 of 2016 dt.24-08-2018 Mr.

Prakash Kumar, learned counsel for the respondents has invited the attention of this Court to the order passed by a coordinate Bench of this Court in CWJC No.4206 of 2011 (Gopal Krishna Prasad Vs The State of Bihar) when a similar issue raised by a superannuated employee has been rejected. For the reasons discussed, this writ petition is dismissed.

(Jyoti Saran, J) SKPathak/Anjula AFR/NAFR NAFR CAV DATE NA Uploading Date 29-08-2018 Transmission Date NA