(1.) This Appeal under clause 15 of the Letters Patent is at the instance of an unsuccessful applicant of Special Civil Application No.9233 of 2001 under Article 226 of the Constitution of India and is directed against the judgment and decree dated 13thFebruary 2013 passed by a learned Single Judge of this Court, by which His Lordship rejected the writ -application.
(2.) The facts leading to the filing of this Appeal may be summarised as under :
(3.) Mr. P. J. Mehta, the learned Advocate appearing for the appellant vehemently submitted that the learned Single Judge committed an error in rejecting the writ -application on the ground of delay because it is not the case that his client raised the issue of pay -scale for the first time after 17 years directly before the Court. According to Mr. Mehta, his client had already taken this issue with the State Government and the State Government was being time and again reminded through various representations to consider the issue and take an appropriate decision. It is only when the State Government refused to pay heed to the representations of the appellant that as a measure of last resort petition had to be filed in the year 2001. Therefore, according to Mr.Mehta, there was no delay as such on the part of his client in approaching the Court.
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