IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1098 of 2011 In Civil Writ Jurisdiction Case No. 8760 of 2010 With Interlocutory Application No. 5081 of 2011 ====================================================== Gayatri Devi, Wife of Sri Vinayak Choudhary, Resident of Mauryanagar Salehpur, P.O.-Mirjon Hat, P.S.-Habipur, District-Bhagalpur, presently posted as Staff Nurse, Sadar Hospital, Chapra (Saran). .... .... Petitioner-Appellant Versus 1. The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna. 2. The Director-in-Chief, Health Services, Bihar, Patna. 3. The Deputy Director, Health Services, Saran Division, Chapra. 4. The Superintendent, Jawaharlal Nehru Medical College and Hospital, Bhagalpur. 5. The Civil Surgeon, West Champaran at Bettiah. .... .... Respondents -Respondents ====================================================== Appearance : For the Appellant/s : Mr. Sanjay Kumar Verma, Advocate. For the Respondent/s : Mr. Ajay Bihari Sinha. SC 19. Mr. Suryakant Kumar, AC to SC 19. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 29-07-2011 Re. Interlocutory Application No. 5081 of 2011: The delay of 65 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1098 of 2011: This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order dated 4th February 2011 made by the learned single Judge in above CWJC No. 8760 of 2010. The appellant, a Staff Nurse in the Government Patna High Court LPA No.1098 of 2011 (2) dt.29-07-2011 2 Medical College is aggrieved on account of non-payment of her salary for the period from 1st September 1998 to 11th April 1999. For redressal of the said grievance after rejection of her claim by the respondent authorities on 25th September 2006, she approached this court as late as in the month of May 2010. The learned single Judge has rejected the claim as barred by delay and laches. Therefore, the present Appeal. Learned advocate Mr. Sanjay Kumar Verma has appeared for the appellant. He has strenuously urged that the appellant pursued her legitimate claim for salary continuously. Her claim could not have been rejected as barred by delay and laches. We see no substance in the submission made by Mr. Sanjay Verma. A petition under Article 226 of the Constitution in respect of a stale claim need not be entertained. The learned single Judge has rightly rejected the claim as barred by delay and laches. No case for interference is made out. The Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)