HEM KUMARI SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS intra-court appeal arises from the order dated 26th April, 2007 (Annexure A-1) passed in Writ Petition No.1719 of 2001 (Smt.<APL>Hem Kumari Sharma</APL>v.), whereby the writ petition filed by the appellant was dismissed by the, then, learned Chief Justice, sitting single.

(2.) THE case of the appellant, in short, is that the husband of the appellant was working as Head Master in a Government School. He joined the service on 16th July, 1958. After attaining the age of superannuation, he retired from the service sometime in the year 1991. Immediately after his retirement from the service, the State Government has settled the terminal benefits payable to him. THE husband of the appellant was receiving all these benefits without even a murmur. He died on 15th May, 1997 leaving behind the appellant and others. THE petitioner for the first time has approached this Court by filing a writ petition in the year 2001, inter alia, seeking a direction to the respondents for payment of unpaid salary and difference in the pension amount. THE said writ petition was dismissed by the learned single Bench on 26th April, 2007. Thus, this appeal.

(3.) MS. Dubey, would next submit that the learned single Bench erred in holding that "even if it is assumed that the husband of the appellant was making representations, it does not cure the delay and laches on his part in approaching this Court". The learned single Bench further failed to appreciate that the case of the appellant's husband was submitted in the year 1999 to the Chief Secretary, M.P. Government, Bhopal for according sanction and thus it cannot be held that there was laches and delay in approaching the Court.