LAWS(ALL)-2013-2-65

RAJESHWAR PRASAD SINGH Vs. STATE OF U P

Decided On February 27, 2013
RAJESHWAR PRASAD SINGH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) By means of present writ petition, the petitioner has challenged the order dated 31.12.2011, by which the representations of the petitioner dated 4.2.2011 and 25.2.2011 were rejected. The specific query was made from the learned counsel for the petitioner that since when the petitioner is not working with the opposite parties, but learned counsel for the petitioner failed to give any specific reply. From the pleadings of writ petition, it comes out that petitioner was working as daily wage helper with the opposite parties and he is not in service since 1992. Almost similar facts have been mentioned in the order dated 31.12.2011. The perusal of same reveals that as per record of opposite parties, the petitioner was engaged on 23.2.1987 and in the month of November, 1991 after working for 12 days, he absented from duties.

(2.) Admittedly, the petitioner is not in engagement of opposite parties since 1992 and it appears that he approached this Court by means of writ petition No. 3410 (S/S) of 2011 and the same was disposed of by means of order dated 1.9.2011 with a direction to opposite parties to consider and decide the representation of the petitioner dated 4.2.2011 and representation submitted by the petitioner's wife dated 25.2.2011 within a period of three months from the date of production of a certified of order. In compliance of order, the said representations were considered and rejected by means of order dated 31.12.2011.

(3.) Shri Shishir Jain, learned counsel for opposite parties while opposing the writ petition submitted that no claim can be raised on the basis of rejection of the representation, when the original claim is highly belated and the writ petition is to be dismissed on the round of delay and laches done.