Patna High Court
Mohammad GaffarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
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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