Sushil Kumar Gaur vs State Of U.P. And Another
2021 Latest Caselaw 4451 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 4000 of 2021
 

 
Petitioner :- Sushil Kumar Gaur
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Sushil Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Bushra Maryam
 

 
Hon'ble Ashwani Kumar Mishra,J.

This petition has been directed against an order of Judgeship, Bijnor whereby benefit of annual increment for the year 2013 has been denied on the ground that petitioner was not in employment on 01.07.2013 when such increment fell due and payable.

A preliminary objection is raised on behalf of the respondents contending that cause of action for the petitioner to approach this Court had arisen long back, and there is no justification to entertain such petition after such long lapse of time.

Admittedly, petitioner superannuated on 30.6.2013. Cause of action, if any, had arisen to petitioner in the year 2013 itself. There is no reason as to why such a grievance was not raised within a reasonable period of time. Raising of such a claim after a period of seven years would ordinarily not be entertained as it would result in multiple complications. The judgment of the Madras High Court passed in Writ Petition No.15732 of 2017 (P. Ayyamperumal Vs. The Registrar and others) against which SLP has been dismissed is clearly distinguishable, on facts, for such reasons.

The claim raised by the petitioner is found to be barred by latches and for this reason alone this Court refuses to interfere with the order impugned.

Order Date :- 23.3.2021

Abhishek Singh