Dr. Hari Om Gupta vs State Of U.P. Thru Addl.Chief ...
2019 Latest Caselaw 846 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 6765 of 2019
 

 
Petitioner :- Dr. Hari Om Gupta
 
Respondent :- State Of U.P. Thru Addl.Chief Secy.Medical & Health & Ors.
 
Counsel for Petitioner :- Manik Sinha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Manik Sinha, learned counsel for the petitioner.

Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.

Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has raised a preliminary objection regarding maintainability of the writ petition for the reason that the petitioner retired from service on 30.04.2008 thereafter he filed writ petition bearing Writ Petition No.1500 (S/B) of 2009, in which according to the petitioner, he has been paid pension pursuant to the order being passed by this Court. He has further submitted that the petitioner could have raised the present claim either in the year 2003 or in the year 2008 when he retired from service and filed writ petition claiming the retiral dues. Therefore, he has submitted that this writ petition is not maintainable at this stage.

He has further submitted that since the petitioner is claiming the arrears of salary after the delay of about 16 years without indicating the specific reasons to that effect and at the best this claim may be treated as money claimed by the petitioner, therefore, it may not be claimed after lapse of three years period.

Sri Ran Vijay Singh prays for and is granted ten days' time to file objection regarding maintainability of the writ petition and copy thereof be provided to the learned counsel for the petitioner so that he could also file reply to the objection so filed by the learned Additional Chief Standing Counsel.

List this petition on 08.04.2019 as fresh.

Order Date :- 8.3.2019

Suresh/

[Rajesh Singh Chauhan,J.]