IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
AJIT SINGH & SUMAN SHYAM, JJ.
Sri Radha Madhav Sinha – Appellant
Versus
The State of Assam & Others – Respondents
W.A. No. 92 of 2016
Decided On : 04-04-2016
Constitution of India,1950 - Salary arrears - Appellant by filing writ petition in year claimed payment of increment following revision of pay for year and another for year and salary arrears from June to July - It is to be noted that earlier also he had filed which was disposed of vide order with a direction against - Respondents to consider his claim and pass necessary speaking order - As according to appellant no order was passed by respondents in compliance of order he was constrained to again file writ petition in year - learned Single Judge by impugned order has dismissed writ petition on ground of delay and laches considering claim to be hopelessly time barred – Held, Single Judge has also held that if the appellant was aggrieved with authority for not passing any speaking order in compliance of order he was at liberty to file contempt proceeding which he chose not to do - Maxim vigilant bus non dormientibus jura subveniunt which means law assists those who are vigilant and not those who sleep over their rights is very much applicable in present case - Petitioner has slept over his legal right if any for more than years - Relief regarding payment of increment following revision of pay for the year - Petition dismissed.
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.
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