Dwarika Prasad Choubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.2114 OF 2019

1. Dwarika Prasad Choubey S/o Late Kalpadhari Choubey Aged About 68 Years R/o Ward No. 4, Jail Road Ramanujganj District Balrampur Ramanujganj Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi bhawan, Atalnagar, Raipur, District Raipur Chhattisgarh.

2. The Secretary Department of Tribal Development Indrawati Bhawan Atalnagar, Raipur, District Raipur Chhattisgarh

3. The Joint Director Treasury Account and Pension Bilaspur District Bilaspur Chhattisgarh.

4. The District Education Officer Ramanujganj District Balrampur Ramanujganj District Balrampur Chhattisgarh.

5. Block Education Officer Ramanujganj District Balrampur- Ramanujganj Chhattisgarh.

... Respondent(s) For Petitioner :

Shri AN Pandey, Advocate.

For Respondent-State :

Ms. Shriya Mishra, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27.03.2019

1. The claim of the petitioner is for grant of second Time Bound Pay Scale payable to the petitioner w.e.f. 19.04.1999.

2. At the outset, this court is of the opinion that the present writ petition suffers from inordinate delay and laches. The petitioner is claiming second Kramonnati from the year, 1999. The petitioner, as per records, retired from service w.e.f. 30.06.2012. Surprisingly, all along when the petitioner was in service for a period of about 13 years from the date his claim for Kramonnati was due, he was not aggrieved of the said action of the respondents. Post retirement also it took more than 7 years time now to file the writ petition.

3. Given the aforesaid facts and circumstances of the case, this court is of the opinion that the present petition suffers from inordinate delay and

laches. Therefore, the writ petition stands dismissed on the ground of delay and laches. However, dismissal of this writ petition would not come in the way of the respondents in deciding the representation of the petitioner pending before the respondent authorities.

4. The writ petition accordingly stands dismissed. Sd/- (P. Sam Koshy) Judge inder