Jayant Banerji, J. - (1.) The petitioner-appellant has filed this Special Appeal against the judgement and order dated 15 October 2014 in Writ-A No. 8590 of 2001, by which the learned Judge dismissed the writ petition which was filed primarily seeking a direction to the respondents to pay arrears/salary of the father of the petitioner since 9 November 1979 till 31 December 1999 and also to pay gratuity, pension and other funds and pensionary benefits.
(2.) The learned Judge has observed that services of petitioner's father who was appointed as Assistant Librarian in Rashtriya Inter College, Ismailpur, Bulandshsahar were terminated. Aggrieved by the order of termination, the petitioner's father namely Bani Singh Yadav filed a Civil Suit No. 273 of 1980 which was decreed on 16 April 1982 and the termination order dated 9 November 1979 was quashed with a direction to pay salary and to continue Bani Singh Yadav in service. The First Appeal and the Second Appeal filed by the Committee of Management were also dismissed and neither the first Appellate Court nor the High Court in the Second Appeal had granted any stay order during the pendency of these appeals. Bani Singh Yadav died on 8 November 2000 and till that date, he did not approach any Court for grant of arrears of pay. Learned Judge has further observed that it was open to Bani Singh Yadav to have got the decree executed but that was not done. The writ petition filed in the year 2001 by the petitioner who is the son of late Bani Singh Yadav claiming arrears of salary from 1982 was held to be grossly barred by almost 20 years and it was also observed that the father of the petitioner had not filed any execution proceedings for execution of the decree or a writ petition at the relevant point of time. The writ petition was, accordingly, dismissed.
(3.) We have carefully perused the copy of the writ petition that has been enclosed with the affidavit in the Special Appeal as well as the averments made in the affidavit. Neither in the writ petition nor in the Special Appeal, the petitioner has filed a copy of the judgement and decree dated 16 April 1982. However, on perusal of the averments made in the writ petition, it appears that by means of the judgement and decree dated 16 April 1982 the order terminating the services of Bani Singh Yadav (father of petitioner) was quashed and a direction was also issued to pay salary and to continue the service of Bani Singh Yadav in the institution concerned. The judgement and decree of the Court below thus, having attained finality, it was for the decree holder/his heirs to have moved for execution of the decree instead of filing a highly belated writ petition. Bani Singh Yadav, and after him, his heirs, took no action for a period of almost 20 years and filed the writ petition in the year 2001 seeking the relief claimed.;