IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4871 of 2007 FULMAN SINGH, ARMY NO. 14529716A, EX. HAV, SON OF LATE JUNG BAHADUR SINGH, R/O VILLAGE TAKIYA, P.O. TAKIYA BAZAR, P.S. SASARAM, DISTRICT ROHTAS (BIHAR). …………………PETITIONER. Versus 1.THE UNION OF INDIA THROUGH THE DEFENCE SECRETARY, ARMY H.Q. DEFENCE H.Q., NEW DELHI. 2.THE CHIEF OF THE ARMY STAFF, ARMY H.Q., DEFENCE H.Q., NEW DELHI. 3.THE DIRECTOR GENERAL OF E.M.E, EME DIRECTORATE SOUTH BLOCK, , ARMY H.Q., DEFENCE H.Q., NEW DELHI. 4.THE OFFICER INCHARGE, PCDA (P), ALLAHABAD (U.P). 5.THE CHIEF RECORD OFFICER, EME RECORDS, SECUNDERABAD(A.P). 6.THE OFFICER COMMANDING, 901 AD (SP) WKSP EME CHANDIMANDIR (HARYANA). 7.THE SENIOR J.C.O, 901 (SP)WKSP, EME, CHANDIMANDIR (HARYANA). ……………………RESPONDENTS. ----------- 03/ 22.04.2011 Heard petitioner in person and counsel for the respondents. The petitioner in this writ application has made a prayer for the following reliefs which are quoted hereinbelow:- “That this is an application for issuance of a writ in the nature of Mandamous or any other writ or writs or directions to the respondents to make payment of the amount of the following dues with compound interest at the rate of 18% per annum with heavy cost alongwith calculation charts over the dues upon the respondents till the date of payment:- i) Temporary Duty on 29.9.1986 for 10 day. 2 ii) Temporary duty for four (04) days vide Do.II No. 0/0039/87 from 15.8.1987 to 18.8.1987. iii) Special compensatory Remote locality from 18.3.1987 to 17.4.1987 Rs. 200/- per month. iv) CILQ from 15.8.1987 to 29.21988 Rs. 200/- per month. v) Packing Allowance dated 8.3.88 Rs. 600/-. VI) Arrear of CILQ from 01.01.1991 to 1.4.1991 Rs. 170/- per month. vii) NRA from 15.9.1996 to 15.10.1996. viii) NRA from 6.3.1997 to 3.5.1997. ix) Temporary duty from 22.11.1997 to 28.11.1997. x)Temporary duty (TYRJ) on 29.11.1997. xi) Arrear of packing allowance Rs. 3595/- only Rs. 600/- has been paid. xii) Cash allowance of Feb 1998 Rs. 225/-. xiii)Transport Allowance from 1.41998 to 31.1.1999 Rs. 75/- per month. xiv) Coutingent Bill Rs. 750/- Jan, 1999. xv) Arrear of composite transfer grant Rs. 1100/- of feb, 1999. xvi) R.T.F. from 1.8.1998 to 31.1.1999 Rs. 240/-. The petitioner appearing in person when asked as to how he could claim the amount of allowances of the period from 1986 to January-1999, after a period of 21 years would explain that the petitioner had also filed a writ application being C.W.J.C. NO. 4021 of 2004, which got disposed by a 3 general order in terms of the direction given in the Rukmini Devi’s case and when the order of this Court dated 09.09.2003, was not complied, the petitioner had also filed contempt application being M.J.C No. 283 of 2006, wherein liberty was given to the petitioner to file another writ petition for claiming such amount. In the considered opinion of this Court, when the petitioner had retired from service in the year 1999, his only entitlement that have been looked into in the earlier writ petition being C.W.J.C NO. 4021 of 2004 was with regard to his retirement benefit. This is also clear from the order of this Court dated 19.09.2003, wherein, in the first paragraph of the order, it has been clearly stated that the grievance of the petitioners including the present petitioner was confined to retiral dues cum death cum retirement dues. Obviously, the petitioner in the garb of the earlier writ petition and its consequential contempt application, cannot be allowed to wreck up a stale matter of the year 1986 to 1999 after a gap of 10 to 21 years. Such 4 allowances were payable to the petitioner in his service period coming to an end in 1999 and the same cannot be allowed to be raised after such an inordinate delay. That being so, this application is wholly misconceived and is accordingly dismissed. Ranjan (Mihir Kumar Jha,J)