ASHA DEVI Vs. DIRECTOR OF BASIC EDUCATION ALLD

JUDGEMENT

(1.) DR. B. S. Chauhan, J. The petitioner was appointed on 28th July 1980 as Class IV employee in Kanya Junior High School, Allahabad. According to the allegations made in the instant writ petition she was restrained from working with effect from 22-4-1991, though no order in writing was passed. She was not paid any salary subsequent to the said date. The petitioner has filed the instant writ petition on 19-12-1995 praying that an appropriate direction be issued to the respondents to allow her to work on the post of the peon at the said School. The petition has been filed at a belated stage after the expiry of about 4 years and 8 months.

(2.) IN the case of Aflatoon v. Lt. Governor of Delhi, AIR, 1974 SG 2077, the Constitution Bench of the Apex Court has observed that a stale claim cannot be entertained in writ jurisdiction. A similar view taken by the Supreme Court in the case of State of Mysore v. F. K. Kangan, AIR 1975 SC 2190 holding that the party must approach the court within reason able time. A Constitution Bench of the Apex Court has considered this issue in the case of M/s. Tilok Chand Mod Chand v. H. B. Munshi, AIR 1970 SC 398 and held that the petition filed at a belated stage cannot be entertained.

(3.) TIME, in view of the above discussion the delay of 4 years and 8 months in approaching this Court is inordinate.