Baikunth Sharma v. The Municipal Commissioner, Gaya Municipal Corporation, Gaya

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1436 of 2018 In Civil Writ Jurisdiction Case No.16345 of 2016 ====================================================== Baikunth Sharma S/o Late Ram Kalesh Singh, resident of Village- Nanauk, P.S. Buniadganj, District- Gaya, at present residing at Mohalla- Lakhibag, P.S. Mofassil, District Gaya.

... ... Appellant/s

Versus

The Municipal Commissioner, Gaya Municipal Corporation, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ravindra Kumar Sinha For the Respondent/s :

Mr.Rabindra Kumar Priyadarshi ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-11-2019 The appellant, through the instant appeal, has prayed for the following relief:

"It is, therefore, prayed that your lordships may graciously be pleased to admit this appeal, issue notice, call for the records and after hearing the parties be further pleased to quash the judgment dated 31.8.2018 passed by Hon'ble Mr. Justice Ahsanuddin Amanullah in CWJC. No. 16345/2016 and be further pleased to direct the respondent authority to make pension to the petitioner/appellant."

We find the appellant not to have made out any case for interference, for the learned Single Judge rightly held the

Patna High Court L.P.A No.1436 of 2018(4) dt.22-11-2019 2/2 claim not maintainable set out by the appellant more on account of delay and latches inasmuch as the appellant left the job and contested election. As such, no right whatsoever of the monetary claim, accrues.

Accordingly, the instant appeal stands dismissed. (Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) anil/- U