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SRI RADHE KRISHNA GUPTA @ RADHA KRISHAN GUPTA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Sri Radhe Krishna Gupta @ Radha Krishan Gupta v. State Of U.P. And Others - WRIT - A No. 5242 of 2006 [2006] RD-AH 2181 (27 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 34

CIVIL MISC. WRIT PETITION NO. 5242 OF 2006

Sri Radhe Krishna Gupta @

Radha Krishan Gupta       -------------    Petitioner              

Versus.

State of U.P. & Ors.        -------------  Respondents

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble  Dilip Gupta, J.

This writ petition has been filed  raising grievance that petitioner was retired on 30th January, 2004, and that as per the law declared by the Hon'ble Supreme Court subsequently, in Harwindra Kumar Vs. Chief Engineer, Karmik & Ors., (2006) 1 UPLBEC 20, he was entitled to continue up to the age of 60, and as he had wrongly been retired on 30th January, 2004, he is entitled for the salary of two years.

The petitioner has not furnished any explanation for coming to the Court after expiry of two years.

If some person has taken a relief from this Court by filing a Writ Petition  immediately after the cause of action had arisen, petitioner cannot take the benefit thereof by filing a writ petition belatedly. He cannot take any benefit thereof at such a belated stage, for the reason that he cannot be permitted to take the impetus of the order passed at the behest of some diligent person.

In  State of Karnataka & Ors. Vs. S.M.  Kotrayya  & Ors., (1996) 6 SCC 267, the  Hon'ble Supreme Court  rejected  the  contention  that  a petition  should be considered ignoring the delay and laches  on  the  ground  that  he  filed the petition  just after coming to know of the relief granted by  the  Court in a similar case as  the same cannot  furnish  a  proper  explanation  for delay and laches. The Court observed that such a plea is wholly unjustified and cannot furnish any ground for ignoring delay and laches.  

Same  view  has  been reiterated  by  the Hon'ble Supreme  Court in Jagdish Lal & Ors.  Vs. State of  Haryana  & Ors.,  AIR  1997  SC  2366, observing as under:-  

"Suffice it to state that appellants may be  sleeping  over their rights for  long and  elected  to  wake-up when  they  had impetus  from  Veerpal Chauhan and Ajit Singh's  ratio.... desperate attempts of the  appellants  to re-do the  seniority, held by them in various cadre.... are not  amenable to the judicial review  at this  belated  stage. The  High  Court, therefore, has rightly dismissed the writ petition on the ground of delay as well."

In M/s.  Rup Diamonds & Ors.  Vs.  Union of India & Ors., 1989 SC 674, the Hon'ble Supreme Court considered  a case where petitioner  wanted to get the relief on the basis of the judgment of the Supreme  Court  wherein a particular law  had been declared  ultra  vires.  The Court  rejected the petition  on  the ground of delay and  latches observing as under:-    

"There  is  one   more  ground   which basically  sets  the present case  apart. Petitioners are re-agitating claims which they  have not persued for several years. Petitioners  were  not vigilant but  were content to be dormant and close to sit on the  fence till somebody else's case came to  be  decided."

Thus, petitioner was not entitled to claim any benefit of the said judgment of this Court.

In view of the above, the petition is dismissed on the ground of delay and latches.

27.1.2006

AKSI


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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