Court No. - 29
Case :- SPECIAL APPEAL No. - 241 of 2019 Appellant :- Krishna Dutta Gautam Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Sunil Kumar Gaur Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard Sri Sunil Kumar Gaur, learned counsel for the petitioner-appellant.
The writ petition of the petitioner-appellant claiming grant of pay scale of the post of Lecturer-cum-Statistician has been rejected by the Writ Court.
The record reveals that the petitioner-appellant was appointed on the post of Statistician in T.B. Demonstration and Training Centre at Agra, a Medical Department of the State of U.P. way-back in the year 1965. He retired on 31.07.2004. After about 8 years of retirement, he raised a claim for grant of pay scale of the post of Lecturer-cum- Statistician and the writ petition filed in this regard has been dismissed.
Notwithstanding the other reasons given for dismissing the writ petition, we are of the view that the petitioner- appellant cannot be permitted to raise stale and dead claims which have come to an end with his retirement with regard to the pay scale admissible to him.
In view of above, if the writ petition has been dismissed, we do not find that it has resulted in miscarriage of justice. The appeal has no merit and is dismissed.
Order Date :- 28.2.2019 piyush