Gayatri Devi vs The State Of Bihar & Ors on 29 July, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Letters Patent Appeal No.1098 of 2011
                                                    In
                             Civil Writ Jurisdiction Case No. 8760 of 2010
                                                  With
                               Interlocutory Application No. 5081 of 2011
               ======================================================
               Gayatri Devi, Wife of Sri Vinayak Choudhary, Resident of Mauryanagar
               Salehpur, P.O.-Mirjon Hat, P.S.-Habipur, District-Bhagalpur, presently
               posted as Staff Nurse, Sadar Hospital, Chapra (Saran).
                                                               .... .... Petitioner-Appellant
                                                 Versus
               1. The State of Bihar through the Principal Secretary, Department of
                  Health, Government of Bihar, New Secretariat, Patna.
               2. The Director-in-Chief, Health Services, Bihar, Patna.
               3. The Deputy Director, Health Services, Saran Division, Chapra.
               4. The Superintendent, Jawaharlal Nehru Medical College and Hospital,
                  Bhagalpur.
               5. The Civil Surgeon, West Champaran at Bettiah.
                                                        .... .... Respondents -Respondents
               ======================================================
               Appearance :
               For the Appellant/s      : Mr. Sanjay Kumar Verma, Advocate.
               For the Respondent/s      : Mr. Ajay Bihari Sinha. SC 19.
                                            Mr. Suryakant Kumar, AC to SC 19.
               ======================================================
                CORAM: HONOURABLE THE CHIEF JUSTICE
                       and
                       HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA

                ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

2 29-07-2011 Re. Interlocutory Application No. 5081 of 2011:

The delay of 65 days occurred in filing the Letters
Patent Appeal is condoned.

Interlocutory Application stands disposed of.
Re. Letters Patent Appeal No. 1098 of 2011:

This Appeal under Clause 10 of the Letters Patent is
preferred by the writ petitioner against the order dated 4 th February
2011 made by the learned single Judge in above CWJC No. 8760
of 2010.

The appellant, a Staff Nurse in the Government
Patna High Court LPA No.1098 of 2011 (2) dt.29-07-2011

2

Medical College is aggrieved on account of non-payment of her
salary for the period from 1st September 1998 to 11th April 1999.
For redressal of the said grievance after rejection of her claim by
the respondent authorities on 25th September 2006, she approached
this court as late as in the month of May 2010.

The learned single Judge has rejected the claim as
barred by delay and laches. Therefore, the present Appeal.

Learned advocate Mr. Sanjay Kumar Verma has
appeared for the appellant. He has strenuously urged that the
appellant pursued her legitimate claim for salary continuously. Her
claim could not have been rejected as barred by delay and laches.

We see no substance in the submission made by Mr.
Sanjay Verma. A petition under Article 226 of the Constitution in
respect of a stale claim need not be entertained. The learned single
Judge has rightly rejected the claim as barred by delay and laches.

No case for interference is made out. The Appeal is
dismissed in limine.

                                                      (R.M. Doshit, CJ)


Sujit/-                                        (Birendra Prasad Verma, J)