Patna High Court
Nityanand TiwariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The writ petition is dismissed as it is barred by delay and latches.
Summary
Nityanand Tiwari, a retired engineer aged 80, filed a writ petition seeking regular increments payable from April 1994 and reclassification of his service as a gazetted Assistant Engineer from June 28, 2002 instead of September 1, 2002. The petition was filed in 2026, more than two decades after the alleged entitlement arose. The High Court examined whether the petition could be entertained despite the extensive delay. The Court held that the petition was barred by limitation and the doctrine of latches, rendering it inadmissible. Consequently, the writ application was dismissed.
Issues considered
- Whether the writ petition is maintainable despite the delay of over two decades.
- Whether the petitioner is entitled to regular increments from 1994 and reclassification as a gazetted Assistant Engineer from 2002.
Subjects
- service law
- regular increment
- gazetted post
- writ petition
- limitation
- delay
- latches
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4303 of 2026
======================================================
Nityanand Tiwari S/o Late Ram Nandan Tiwari, R/o-Kurkuri, P.O.-Paliganj,
P.S.-Paliganj, Dist.-Patna, Bihar, PIN-801110.
... ... Petitioner/s
Versus
1. The State of Bihar through its Secretary, Water Resources Department, Govt.
of Bihar, Old Secretariat, Sinchai Bhawan, Patna-800015.
2. The Secretary, Govt. of Bihar, Finance Department, Main Secretariat, Patna-
800015.
3. The Secretary, Govt. of Bihar, Finance (Personal Claim Fixation Cell)
Deparmtent, Annexy Block-03 (Ground Floor) Old Secretariat, Patna-
800015.
4. The Accountant General (A and E), Veerchand Patel Marg, Patna-800001.
5. The Executive Engineer, Rural Works Department, Works Division,
Kharagpur-Tarapur, Munger, Pin-813221.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Kumar Mishra, Advocate
For the State : Mr. Manoj Kumar, AC to GP- 4
For the AG : Dr. Anand Kumar, Advocate
Ms. Vijeta Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 26-03-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following reliefs:
“1. A. For direction upon
the respondents to grant regular
increment w.e.f. 01.04.1994 with all
consequential benefit for which the
petitioner is entitle.
B. For direction upon the
respondent to treat the service of the
petitioner as Assistant Engineer
Patna High Court CWJC No.4303 of 2026(2) dt.26-03-2026
2/2
(Gazetted Post) from 28.6.2002 in
place of 01.09.2002.
C. For any other
relief/reliefs for the petitioner is
entitled under law as well as on facts.”
3. The petitioner who retired in the year 2003 and is
presently 80 years old has filed the instant writ application
seeking reliefs with respect to his increment etc which
according to the petitioner should have been given to him in the
year 1994 and 2002.
4. In the opinion of the Court, the writ application is
fit to be rejected on the ground of delay and latches.
5. The writ application is dismissed.
(Partha Sarthy, J)
sauravkrsinha/-
U
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