Court No. - 38
Case :- WRIT - A No. - 13195 of 2019 Petitioner :- Smt. Rajmuni Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Pursuant to orders passed earlier by this Court on 5.4.2012 in Writ Petition No. 16783 of 2012 filed by the petitioner, the claim for grant of extraordinary pension was rejected vide Government Order, dated 4th February, 2013. This order is assailed after expiry of nearly seven years. The only reason assigned for the delay in challenging the order is that the authorities were still seized of the matter and the petitioner was under an impression that the claim of the petitioner would be decided.
There is no averment in the writ petition that the petitioner was not aware about the order dated 4th February, 2013. Such order once was communicated to the petitioner, the petitioner was expected to assail the same within a reasonable period of time in case she felt aggrieved.
Merely because on some subsequent letter an endorsement was made for taking a decision would not explain the inordinate delay in approaching this Court. Petitioner had earlier approached this Court by filing writ petition and, therefore, the argument of learned counsel for the petitioner that she was not aware of the procedural requirement of challenging the order also cannot be accepted. Petitioner otherwise is getting regular pension and the decision of the authorities not to sanction extraordinary pension has remained on record for the last seven years. In such circumstances, this writ petition is found to be barred by laches and is accordingly not entertained.
The writ petition is dismissed.
Order Date :- 26.8.2019 Ranjeet Sahu