Allahabad High Court
Raja Ram Panday (In Wria 3697 Of ... vs State Of U.P. Thru. Prin. Secy. ... on 25 August, 2022
Bench: Devendra Kumar Upadhyaya, Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SPECIAL APPEAL DEFECTIVE No. - 149 of 2022
Appellant :- Raja Ram Panday (In Wria 3697 Of 2022)
Respondent :- State Of U.P. Thru. Prin. Secy. Agriculture Deptt. Civil Secret. Lko. And Ors
Counsel for Appellant :- Bhanu Pratap Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Shree Prakash Singh,J.
Order on Condonation of Delay Application
Heard learned counsel for the appellants and learned State Counsel.
Having regard to the averments made in the application seeking condonation of delay, we are satisfied that delay as sufficiently been explained.
Accordingly, the application is allowed and delay in filing the special appeal is hereby condoned.
Order on Appeal
Heard learned counsel for the appellants and learned State Counsel.
By means of this special appeal filed under Chapter VIII Rule 5 of the Rules of the Court, the appellant-petitioner lays a challenge to the judgment and order dated 13.07.2022 passed by learned Single Judge whereby Writ A No. 3697 of 2022 filed by the appellant-petitioner has been dismissed.
The claim put forth before learned Single Judge by the appellant-petitioner was that certain individuals working with him in the same department and junior to him were promoted and, accordingly, he ought to have been promoted, in terms of his seniority, against class 2 post on 24.01.1980. It was also pleaded that appellant-petitioner was appointed on a class 3 post in office of District Agriculture Officer, Raebareilly on 24.06.1968 and he retired in the year 2007. Further, submission made by learned counsel for the appellant-petitioner before learned Single Judge, was that he came to know that many employees junior to him were given pension and other benefits but petitioner has been denied the benefit of promotional scale of pay which has resulted in reduced amount of pension being paid to him.
Learned Single Judge referring to a judgment of Hon'ble Apex Court in case of Surjeet Singh Sahni vs. State of U.P. and other 2022 SCC online 249, and came to conclusion that the writ petition suffered from delay and laches for the reason that the appellant-petitioner was seeking the benefit which is said to have accrued to him in the year 2007.
Learned counsel for the appellant-petitioner has stated before us that learned Single Judge has not considered the fact that several persons junior to the appellant/petitioner were given benefit of promotion and since the said fact came to the notice of appellant-petitioner only in the year 2017 and, as such, he has been agitating his rights since then.
It is not in dispute that the appellant-petitioner retired in the year 2007. The claim put forth by the appellant-petitioner is that he ought to have been promoted against class 2 post in terms of seniority as far back as on 24.01.1980 itself to say about 42 years ago. It is not understandable; neither it is believable that appellant-petitioner remained unaware of his rights which is said to have accrued to him way back in the year 1980.
It is not that the writ jurisdiction cannot be invoked in a matter which is filed with some delay, however, such delay and laches should be explained to the satisfaction of the court.
Learned Single Judge has, thus, considered the aforesaid aspects and has found that the writ petition clearly suffered from vice of unexplained delay and laches.
Learned counsel for the appellant-petitioner has not been able to point out anything which appropriately and satisfactorily explains the delay and laches which had, admittedly, occurred in invoking the writ jurisdiction of this Court by appellant-petitioner.
Accordingly, we are satisfied that judgment and order dated 13.7.2022 passed by learned Single Judge does not require any interference in this special appeal, which is hereby dismissed.
Order Date :- 25.8.2022
Ujjawal
