Court No. - 5
Case :- WRIT - A No. - 15706 of 2018 Petitioner :- Madan Singh And 10 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Narendra Kumar Chaturvedi
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for the State respondents and Sri N.K.Chaturvedi,learned counsel for respondent no.6.
The petitioner, by means of the present writ petition, has prayed for the following relief:-'
"i. to issue a writ order or direction in the nature of mandamus directing the respondents to pay arrears of salary between 1.4.1991 to 10.9.1992 and difference of salary which has been fixed in 2003 after implementation of 5th pay commission since 1992 to 2003, to the petitioners;
ii. to issue a writ order or direction in the nature of mandamus directing the Joint Director of Education 7th Region, Gorakhpur as well as Deputy Director of Education, 7th Region, Gorakhpur to pass appropriate orders on the representations made by the petitioners in respect of payment of arrears of salary between 1.4.1991 to 10.9.1992 and difference of salary which has been fixed in 2003 after implementation of 5th pay commission since September, 1992 to November, 2003 and bonus and other benefits (Annexure no.7 to the writ petition;
iii. to issue any such other and further writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstance of the case; and
iv. to award the cost of the petition in favour of the petitioners."
Perusal of para-3 of the writ petition reveals that the petitioner nos.1, 2, 3, 6,8,9 & 10 have retired. The petitioner no.4 is widow of Late Rama Shankar Yadav who died in harness and petitioner no.5 is the son of Late Baliram Singh.
The petitioner nos. 1, 2, 3, 6,8,9 & 10 have not disclosed the date of their retirement in the writ petition and petitioner no.4 has not disclosed the date of death of deceased employee.
From perusal of the prayer extracted above, the petitioners claim arrears of salary between the period 01.04.1991 to 10.09.1992. The petitioners did not raise their claim for payment of arrears of salary earlier and now after about 26 years, in the year 2018 they have approached this Court praying for release of payment of arrears of salary, which according to the petitioners were due to them in the years 1991 to 1992 .The petitioner has not given any explanation for the delay and laches in filing the present petition .
Since, the petitioners have approached this Court after about 26 years and there is an inordinate delay in filing the writ petition, hence, the prayer aforesaid, cannot be granted after about 26 years.
Consequently, the writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 27.7.2021 NS