DINESH PRASAD SINHA Vs. 289 OF 2015

JUDGEMENT

(1.) The instant Letters Patent Appeal has been filed by the appellant against the order of the Writ Court passed in C.W.J.C. No. 677 of 2014 dated 15.08.2014 whereby the Writ Court has dismissed the writ petition and a cost of Rs.5,000/- has been imposed against the appellant.

(2.) The brief fact relevant for adjudication of this appeal are set out below:

(3.) It appears that the Director, Primary Education vide order dated 10.05.2002 rejected his claim holding it as stale one, thereafter the appellant filed another writ application bearing C.W.J.C. No. 13463 of 2002 and challenged the order of the Director, Primary Education rejecting his claim holding the same as stale. The writ petition was permitted to be withdrawn on 29.06.2010 with liberty to take internal departmental remedies and thereafter the appellant filed C.W.J.C. no. 5664 of 2011 for a direction to grant him B.A. trained scale. The writ court noticing the fact that the writ petitioner has approached twice in past, raising the same cause for grant of graduate trained scale on the ground that he was B.A., B.Ed. at the time of his appointment, but both the writ applications failed. The writ court noticing the inordinate delay in raising the issue of appointment in Matric Trained Scale instead of Graduate Trained Scale in 1980 dismissed the writ application and imposed cost of Rs.5000/-.