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2016 DIGILAW 262 (GAU)

Radha Madhav Sinha v. State of Assam

2016-04-04

AJIT SINGH, SUMAN SHYAM

body2016
JUDGMENT : AJIT SINGH, J. Heard on admission. This intra court appeal is directed against the order dated 23.4.2015 passed by the learned Single Judge of this High Court whereby he has dismissed appellant’s WP (C) No. 39/2015. The appellant by filing writ petition in the year 2015 claimed payment of increment following revision of pay for the year 1992, DA @ 17% for the year 1992 and another DA @ 60% for the year 1996 and salary arrears from June, 2000 to July 2001. It is to be noted that earlier also he had filed WP (C) No. 536/2006 which was disposed of vide order dated 30.4.2012 with a direction against the Respondents to consider his claim and pass necessary speaking order. As, according to the appellant, no order was passed by the respondents in compliance of order dated 30.4.2012, he was constrained to again file writ petition in the year 2015. The learned Single Judge by the impugned order has dismissed the writ petition on the ground of delay and laches considering the claim to be hopelessly time barred. The learned Single Judge has also held that if the appellant was aggrieved with the authority for not passing any speaking order in compliance of order dated 30.4.2012, he was at liberty to file contempt proceeding which he chose not to do. The maxim vigilantibus non dormientibus jura subveniunt which means ‘the law assists those who are vigilant and not those who sleep over their rights’ is very much applicable in the present case. The petitioner has slept over his legal right, if any, for more than 23 years. Relief regarding payment of increment following revision of pay for the year 1992, DA @ 17% for the year 1992 and another DA @ 60% for the year 1996 and salary arrears from June, 2000 to July 2001 certainly cannot be entertained in a writ petition filed in the year 2015. The petition is accordingly dismissed.