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Patna High Court

Mohammad GaffarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed due to inordinate delay, invoking the doctrine of latches.

Summary

The petitioner, a retired government employee, filed a writ petition in 2022 seeking direction for the respondents to grant him promotion to the post of Clerk retroactively from 12 January 1973, along with all consequential benefits, including arrears of salary and a re-fixed pension. He had retired in 2007 and alleged entitlement to these benefits. The court noted that the petition was filed after an inordinate delay, invoking the doctrine of latches. No substantive examination of the merits was undertaken. Consequently, the court dismissed the petition on the ground of delay. The dismissal left the petitioner without any relief.

Issues considered

  • What is the appropriate remedy for a retired employee seeking retroactive promotion and benefits after a long lapse?
  • Does the doctrine of latches apply to dismiss a writ petition filed after an inordinate delay?

Subjects

  • promotion
  • government service
  • pension
  • arrears of salary
  • writ jurisdiction
  • delay
  • latches
  • civil service

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1319 of 2022
                 ======================================================
                 Mohammad Gaffar S/o Mo. Hussain, R/o Village-Nabi Nagar, P.O.-Piro,
                 District-Bhojpur.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar.
           2.    The Principal Secretary, General Administration Department, Government
                 of Bihar, Patna.
           3.    The Principal Secretary, Revenue Department, Government of Bihar, Patna.
           4.    The Director Consolidation, Patna.
           5.    The Deputy Director, Consolidation, Bhojpur.
           6.    The District Magistrate, Bhojpur.
           7.    The Deputy Collector, Rohtash.
           8.    The State of Jharkhand through its Principal Secretary, General
                 Administration Department, Ranchi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Shashi Bhushan Kumar, Advocate
                 For the Respondent/s   :         Mr. Sheo Shankar Prasad, SC- 8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   16-03-2026                    Heard learned counsel for the parties.

                               2. The petitioner has filed the instant application for

                   the following reliefs:

                                                          “1. (i) To direct the Respondent
                                            Authority to pay the benefits of A.C.P. to the
                                            petitioner.
                                                          (ii)   To   further     direct      the
                                            Respondent Authority to grant the promotion
                                            on the post of Clerk, since 12.01.1973 and
                                            also grant all consequential benefits, the
                                            pension of the petitioner re-fixed, and pay
           Patna High Court CWJC No.1319 of 2022(4) dt.16-03-2026
                                                       2/2




                                             arrears of salary as well as pension.
                                                          And/or any other appropriate
                                             relief(s) to the petitioners for which they may
                                             be found entitle under the fact and
                                             circumstances of the case.”

                                 3. At the outset, it may be observed here that the

                     petitioner who retired from service sometime in the year 2007

                     has moved this Court in the year 2022 praying for a direction to

                     the respondents to grant promotion on the post of Clerk since

                     12.1.1973 and to grant all consequential benefits.

                                 4. Without going into the facts of the case, it can only

                     be observed here that the writ application is fit to be rejected on

                     the ground of inordinate delay and latches.

                                 5. The application is dismissed.



                                                (Partha Sarthy, J)
sauravkrsinha/-

U


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