Court No. - 38 Case :- WRIT - A No. - 43335 of 2010 Petitioner :- Vishwanath Ram Respondent :- State Of U.P. And Others Petitioner Counsel :- Anand Kumar Pandey Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
It appears that petitioner, who was working as a Boring Technician, was
aggrieved regarding his promotion and certain benefits. The same were not
given to the petitioner in spite of retirement, then he filed a writ petition
before this Court as Writ Petition No.62225 of 2007. The same was disposed
of finally directing the authority concerned to consider the case of the
petitioner for grant of proforma promotion as Boring Technician from the date
of his completion of five years of service as Assistant Boring Technician in
the light of Office Order dated 29th June 2005. It appears that claim of the
petitioner was not considered, then he filed a contempt petition and in
pursuance of the direction issued in the contempt petition the order impugned
was passed on 23rd July 2008. While deciding the claim of the petitioner it
has been mentioned that the claim for proforma promotion and financial
benefits will be available to the Boring Technicians from the date when they
actually take the charge of that post. In case petitioner was aggrieved by this
order, he should have challenged the same immediately without any delay, but
he is challenging the said order after a lapse of two years only on the ground
that against this order he was making representation after representation. In
my opinion, that cannot be a ground to entrain the writ petition after a lapse of
two years as under the law there is no provision that if some claim has been
decided by the authority concerned, against that order representation is
maintainable before any authority.
In view of the aforesaid facts and circumstances, this writ petition can easily
be dismissed on the ground of laches and it is hereby dismissed.
No order as to costs.
Order Date :- 27.7.2010
NS