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2022 Supreme(All) 248

RAJESH BINDAL, JASPREET SINGH
Kanhaiya Bux Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Suresh Sharma, Advocate
For the Respondent:Mr. H.P. Srivastava, Additional Chief Standing Counsel, Mr. Rahul Shukla, Advocate

ORDER :

1. The order dated January 28, 2022 passed by learned Single Judge has been impugned by filing present intra-Court appeal.

2. The claim made before the learned Single Judge was that the appellant has not been paid salary for the period from July 1, 2015 to September 25, 2015. He retired from service on attaining the age of superannuation on March 31, 2016. The writ petition was dismissed on account of delay and laches and also noticing the fact that for the period from July 1, 2015 to September 25, 2015, petitioner, in fact, had not worked, hence was not entitled to any payment of salary.

3. Learned counsel for the appellant submitted that there was no delay in filing the writ petition as the appellant had been pursuing his remedy before the department and further that he handed over the matter to Mr. Sunil Kumar Bajpai, Advocate, but he did not file the writ petition.

4. After hearing the learned counsel for the appellant, we do not find that any case is made out for interference in the present appeal. Law on the principles of delay and laches is well settled. It is a case in which salary for the period from July 1, 2015 to September 25, 2015 has been sought by filing a petiti

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