Som Chand Arora vs State Of U.P. And 2 Others
2021 Latest Caselaw 53 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 13333 of 2020
 

 
Petitioner :- Som Chand Arora
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Anil Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner has retired on 30th June, 2013. His all retiral benefits apparently have been paid without any protest from the petitioner. After expiry of 07 years of his retirement he has come to this Court with the claim that he was entitled to one notional increment w.e.f. 1.7.2013, and that his retiral benefits be re-computed now. Reliance is placed upon a judgment of the Madras High Court for such purposes.

Admittedly petitioner retired on 30.6.2013 and has accepted all his retiral benefits. There is absolutely no reason why such claim was not raised within a reasonable period. This Court would not be inclined to entertain a claim after expiry of such a long period of time as absolutely no reasons have been disclosed for not raising such grievance earlier. All such facts were within the knowledge of petitioner. Merely because other person had succeeded as a timely claim was raised by the person earlier, it would not mean that petitioner would also be entitled for such benefit.

Writ petition, accordingly, lacks merit and is dismissed on the ground of laches.

Order Date :- 4.1.2021

Anil