Ashok Kumar Sharma vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1026 ALL

Citation : 2023 Latest Caselaw 1026 ALL
Judgement Date : 10 January, 2023

Allahabad High Court

Ashok Kumar Sharma vs State Of U.P. Thru. Prin. Secy. ... on 10 January, 2023

Bench: Ramesh Sinha, Subhash Vidyarthi




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- WRIT - A No. - 130 of 2023
 
Petitioner :- Ashok Kumar Sharma
 
Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation Deptt., Lko. And 2 Others
 
Counsel for Petitioner :- Birendra Kumar Yadav,Amit Kumar,Devansh Mani,Satendra Jaiswal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Vidyarthi,J.

Heard Shri Devansh Mani, learned Counsel for the petitioner, learned Standing Counsel for the State-respondents and pursed the record.

The instant petition has been filed by the petitioner - Ashok Kumar Sharma with the prayer to issue a writ in the nature of certiorari to quash the judgment and order dated 26.08.2021 passed in Claim Petition No.2211 of 2010 by State Public Service Tribunal, U.P. Lucknow to the extent of not considering the relief sought for grant of interest on payment of retiral dues made with delay; with a further prayer to direct the respondents to pay 11% interest on delayed payment of retiral dues from the date of retirement to the date when actual payment has been made.

On a pointed query being made to learned Counsel for the petitioner as to why he has approached this Court against the impugned order dated 26.08.2021 for the interest claimed by the petitioner, after an inordinate delay of more than one year, he submits that the petitioner was under some medical treatment, hence he could not approach the Court within time.

The explanation for laches and delay, being self serving and lacking in credibility is rejected. The petitioner cannot revive a stale cause of action by tendering spurious explanations.

The writ petition is barred by delay and laches and is not liable to be entertained.

In view of the aforesaid, we are not inclined to interfere in the instant writ petition under Article 226 of Constitution of India.

The writ petition is dismissed accordingly.

(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

Order Date :- 10.1.2023

Anand Sri./-