Bombay High CourtWP/4293/2015dismissedrule discharged

Shri Devendra S/O Vitthalrao Ramteke v. Dr. Ambedkar College Through Its Principal, Nagpur

2015-08-26Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

2608wp4293.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4293/2015 Shri Devendra s/o Vitthalrao Ramteke ...Versus...

Dr. Ambedkar College through its Principal, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Ashish C. Wasnik, Advocate for petitioner CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 26.08.2015 By this petition, the petitioner seeks a direction to the respondent - College to pay his dues to the tune of Rs.66,492/- with interest.

According to the petitioner, the petitioner was entitled to arrears of difference in salary according to the recommendations of the 6th Pay Commission for the period from 1st January, 2006 to 30th October, 2006. It is the case of the petitioner that despite the representations made by the petitioner to the respondent - College, the College has not paid the dues. The dues of the petitioner pertain to the period from 1.1.2006 to 30.10.2006. If the said dues are not paid to the petitioner by the respondent - College, it was necessary for the petitioner to have filed appropriate proceedings within a reasonable time after 30.10.2006. At least, the proceedings should have been filed within a period of three years from

2608wp4293.15.odt 1.1.2006, the date from which dues became payable. The writ petition has been filed on 7.7.2015. The same suffers from laches. If the petitioner would have filed the civil suit for the recovery of the said amount, the suit would have been dismissed on the ground of limitation.

Since the writ petition suffers from laches, the same is dismissed with no order as to costs.

JUDGE JUDGE Wadkar