Court No. - 38
Case :- WRIT - A No. - 14856 of 2019 Petitioner :- Arvind Pratap Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Ojha,Vimal Chandra Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order dated 30.4.2019, whereby petitioner's claim for correct fixation of his pension/salary has been rejected.
The order impugned records that though petitioner was appointed on 15.10.1982, and therefore upon completion of 10 years' term, he ought to have been given time scale on 15.10.1992 but such benefit was not given to him on account of six adverse entries, which were awarded to him between 1986 to 1992. Petitioner's services were not treated to be satisfactory and only after expiry of five years of the last adverse order that time scale was given to the petitioner.
A cause of action had arisen to petitioner in 1996, in case petitioner wanted the benefit of time scale to be granted from a previous date. No such grievance was ever raised by the petitioner. Much after his retirement, a grievance cannot be permitted to be raised now. Challenge laid to the order impugned, therefore, need not be entertained for the aforesaid reasons.
Writ petition, accordingly, is dismissed.
This order, however, would not permit the authorities to withdraw any benefit, which has already been granted to the petitioner.
Order Date :- 27.9.2019 Anil