DOMENSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for issuance of a writ in the nature of mandamus commanding the respondents 1 to 4 to consider the case of the petitioner for promotion to the regular post of Assistant Director, Agriculture (Chemistry and Compost Developments) in the pay scale of Rs. 1350-2000, revised from time to time and now in the revised pay scale of Rs. 3000-4500 with efiect from 10-7-1982. In short, the case of the petitioner is that while he was working as Instructor, Chemistry at Bhagalpur with effect from 10-7-1982 the said post was converted into the post of Assistant Director Agriculture (Chemietry and Compost) in the Junior selection grade in the pay scale of Rs- 1350-2000 by Government order dated 31-12-1983. Accordingly, the petitioner claims to be entitled for the salary of the post of Assistant Director with effect from that date. Further, the case of the petitioner is that he had been made incharge Dy. Director on 14-3-1989 and discharged all the statutory functions and duty of Deputy Director till his retirement in 1990.

(2.) The petitioner claims that he filed several representations before the Government claiming salary for the post of Asst. Director with effect from 1982 and for the post of Dy. Director with effect from March, 1989 until his retirement in April, 1990 on the principle of equal pay for equal work. But when the Goverument did not pay any heed, be filed the present writ application after lapes of eleven years of the acrual of cause of action and more than three years after his retirement on 1-7-1993.

(3.) Learned Counsel on being confronted that the petition is liable to be dismissed on ground of stable and belated claims, for which even suit would be time-barred, be submitted that the petitioner has made reprasentations and thus, was waiting for some positive decision in his favour. It was further submitted that the Supreme Court in the cases reported in A. I. R. 1974 S C. 239 and A. I. R. 1991 S. C. 424, has held that a court may not enquire into a belated claim is not a rule of law but a rule of practice based on sound and proper exercise of discretion and there is no inviolable rule that whenever there is any dalay, the Court must necessarily refuse to entertain the petition.