Chandra Bhan Gupta vs Commissioner Cum Dir. … on 7 January, 2010

Court No. - 38

Case :- WRIT - A No. - 390 of 2010

Petitioner :- Chandra Bhan Gupta
Respondent :- Commissioner Cum Dir. Industries, & Another
Petitioner Counsel :- V.D. Ojha,Sushil Jaiswal
Respondent Counsel :- C.S.C.

Hon'ble Amreshwar Pratap Sahi,J.

Heard learned counsel for the petitioner and the learned
standing counsel.

The petitioner claims benefit of higher pay scale at par with
one Shri B.D. Mishra. Shri B.D. Mishra retired on 31.07.1999
and he was extended the benefit on 11.08.2008. The
petitioner retired on 28.02.2005. The petitioner had not filed
any writ petition nor has he approach the Court within time
after his retirement. He approached the Court after 5 years.

In view of this inordinate delay such a similar benefit cannot
be granted to the petitioner in view of the law laid down in
the case of U.P. Jal Nigam and another Vs. Jaswant Singh
and another reported in (2006) 11 SCC 464.

The writ petition is dismissed.

Order Date :- 7.1.2010
Akv