Patna High Court

Belated claims for service allowances raised after regularization and retirement are not maintainable under writ jurisdiction.

Arvind Kumar Singh vs The Union of India

Patna High CourtJUDGMENT: July 16, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner was engaged as an ad hoc peon by UCO Bank in 1990

Source reference: p. 2

Following his termination in 1997, industrial litigation led to an Award in 1998 declaring the retrenchment illegal and ordering reinstatement

Source reference: p. 3

Subsequent litigation regarding regularization reached the Supreme Court in Civil Appeal No. 10178 of 2018, which set aside a Division Bench order and directed the Bank to regularize the petitioner’s service with all benefits and past services reckoned for retirement

Source reference: p. 5

The Bank regularized him in 2019/2020

Source reference: p. 8

Upon his retirement, the Bank requested his pension papers in 2023, but the petitioner instead filed this writ petition seeking specific arrears for various allowances (Traveling, Dress, Medical, Cash, etc.)

Source reference: p. 1-2, 10

A prior contempt petition before the Supreme Court regarding these benefits was dismissed in 2026

Source reference: p. 7
02

Issues

1. Whether the petitioner is entitled to specific operational allowances (traveling, washing, cycle, etc.) for periods where actual discharge of duty is not established

Source reference: p. 9/para. 8

2. Whether the claims for allowances raised several years after regularization and at the stage of retirement are barred by delay and laches

Source reference: p. 11/para. 10
03

Law Applied

The court applied the principle that service allowances (Traveling, Uniform, and Washing allowances) are contingent upon the actual performance of duties and specific material evidence of work

Source reference: p. 9-10

It further relied on the doctrine of laches and "belated claims," holding that discretionary relief under Article 226 of the Constitution of India cannot be granted to a litigant who sleeps over their rights or fails to provide specific pleadings regarding the duration of service for which benefits are claimed

Source reference: p. 11
04

Reasoning

The Court found that the petitioner’s claims were fundamentally deficient as the writ petition was silent on the specific periods during which he actually discharged duties as a peon

Source reference: p. 10

Since allowances like "traveling" and "washing" are tied to active service, they cannot be awarded in a vacuum without proof of work

Source reference: para. 8

The Court noted a significant temporal gap: although the petitioner was regularized in 2020 following the Supreme Court's 2018 order, he only raised these specific demands in 2023 when asked to submit retirement papers

Source reference: p. 10-11

The Court reasoned that since the petitioner never claimed these allowances during his active service or immediately following his restoration to service, the claims were afterthoughts raised at the brink of retirement

Source reference: para. 9

The lack of satisfactory answers to the Court's queries regarding his actual work periods further undermined the credibility of the claim

Source reference: para. 8
05

Holding

The Court held that it was unable to determine entitlement to operational allowances in the absence of specific material on record showing the period of actual work

The Court concluded that it would not entertain such "belated claims" raised six years after the Supreme Court's direction and only upon the petitioner's retirement; consequently, the Court dismissed the writ petition

Source reference: para. 9-10, p. 11
Patna High Court

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Arvind Kumar SinghvsThe Union of India

Patna High Court · July 16, 2026

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