Prof. Dr. Aloke Kanti Ghosh (Retd.) vs The State Of Jharkhand
2024 Latest Caselaw 10144 Jhar

Jharkhand High Court

Prof. Dr. Aloke Kanti Ghosh (Retd.) vs The State Of Jharkhand on 24 October, 2024

Author: Deepak Roshan

Bench: Deepak Roshan

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            L.P.A. No. 109 of 2022
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1. Prof. Dr. Aloke Kanti Ghosh (retd.), aged about 82 years, son of late N.D. Ghosh and husband of late Kalyani Sinha.

2. Partha Pratim Ghosh, aged about 50 years, son of Prof. Dr. Aloke Kanti Ghosh (retd.)

3. Pallavi Ghosh, aged about 42 years, daughter of Prof. Dr. Aloke Kanti Ghosh (retd.) All appellants no. 1 to 3 (legal heirs/ legal representatives of late Kalyani Sinha [writ petitioner]) resident of N-3/24, Vatika Green City, Dimna Road, Mango, P.O. Medical College, P.S. Ulidih, Jamshedpur, District East Singhbhum And Presently residing at Flat No. D 704 Definer Kingdom Apartment, Budigere Cross Apartment, Off Old Madras Road, Bommenahalli, Village- Mandur, P.O.- Mundur, P.S.- Avalahalli, Bangalore, Karnataka, 560049. .......Appellants Versus

1. The State of Jharkhand, through the Secretary, Human Resources Development Department (now Department of Higher, Technical Education & Skill Development), having its office at Project Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.

2. Sidhu Kanhu University (now Sido Kanhu Murmu University), Dumka, through its Registrar, having its office at P.O. & P.S., Dumka, District Dumka.

3. Vice Chancellor, Sidhu Kanhu University (now Sido Kanhu Murmu University), Dumka, having its office at P.O. & P.S., Dumka, District Dumka.

4. Finance Officer, Sidhu Kanhu University (now Sido Kanhu Murmu University), Dumka, having its office at P.O. & P.S., Dumka, District Dumka.

.....Respondents

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CORAM:                 HON'BLE THE CHIEF JUSTICE
                 HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Appellant                : Mr. Rupesh Singh, Advocate
For the Resp.-State              : Mr. Amit Kumar, S.C(M)-II

For the Respondent No. 2 to 4 : Mr. Mithilesh Singh, Advocate

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09/ Dated: 24.10.2024 Heard the counsel for the parties. .

2. This appeal is preferred against the judgment dated 23.12.2021, passed in W.P(S) No. 7277 of 2011, whereunder the learned Single Judge had refused to grant relief to the appellants on the ground that the claim made by the appellants in the writ petition relate to the post-retiral benefits of Late Kalyani Sinha, who had died on 27.03.2021 and that the claim raised by the

appellants pertain to the period of 1986. The learned Single Judge held that the writ petitioner had raised a stale claim and therefore, cannot be entertained.

3. We are in complete agreement with the reasoning of the learned Single Judge and hold that it is not open to the appellants to raise the claim 25 years after the cause of action accrued in favour of them. Therefore, we find no merit in this appeal. Accordingly, this appeal is dismissed.

(M. S. Ramachandra Rao, C.J)

(Deepak Roshan, J.) jk/Vedanti