A K BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This applicatian has been filed under Article 226 of the Constitution of India.

(2.) The petitioner served as Lecturer in History in B. Borroah College Guwahati from 1.8.66 to 5.4.75. From 12.4.73 to 5.4.75 the petitioner was placed under suspension and ultimately he was removed from service. From 1975 to 1978 the petitioner challenged unsuccessfully the removal order in the Guwahati High Court and Supreme Court of India. On 1.3.78, the Supreme Court passed an order permitting the petitioner to approach the respondent No 1, the State of Assam for realisation of his pay wrongfully deducted during the period of suspension and also for the benefit of revision of pay scale. In between 1980 no 1994 the petitioner filed various writ petitions for relief under the Industrial Disputes Act and later on withdraw them for want of final orders. In 1994 the petitioner filed a writ petition under Article 32 of the Constitution before the Supreme Court and the Hon'ble Supreme Court asked the petitioner to file afresh a writ petition in the Gauhati High Court. On 3.12.94 the petitioner filed the present wit petition for realisation of the arrear amount and the Provident Fund amount. The admitted position is that this amount was due in the 1975 when the removal order of the petitioner took final shape. The question in this writ application is that whether this writ application is maintainable because of the delay in filing the application as it has been filed after 16 years from the date when the amount was due to the petitioner . The details of the prayer made in this writ application are given in para 15. This is quoted below :

(3.) If this suit would have been filed in 1994 this suit would have been bared by time, as it would be the suit for realisation of the amount due and the limitation for such a suit is three years from the date on which the amount becomes due. So, the question is that whether the petitioner can get the remedy by way of writ application. In this application the petitioner appeared in person has relied on the following cases: i) AIR 1974 SC Page 259 (Ramchandra Shankar Deodhar and Ors-Vs-the State of Maharahstra and Ors.)