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Judgment
Mr. Ajit Singh, C.J.—Heard on admission.
This intra court appeal is directed against the order dated 4.9.2015 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant''s WP(C) No. 4932/2015.
The appellant was working as Senior Hindi Teacher since 28.10.1993 in the Joymoti Girls High School under Sivasagar District Circle. He, on attaining the age of superannuation, retired from service on 31.10.2012. After 3 years of retirement, the appellant filed WP(C) No.4932/2015 for payment of arrears of salary of 40 months from August, 1996 to February, 2002 on the ground that the same was not paid to him. The learned Single Judge, relying upon the Division Bench decision of this Court in Harendra Chandra Nath v. State of Tripura, 2013 (2) GLT 1094, has dismissed the appellant''s writ petition.
In the case of Harendra Chandra Nath (supra), a Division Bench of this Court has held that no right is available to an employee for recovery of arrears beyond 3 years from the date of filing of the writ petition. In the case of State of Madhya Pradesh v. Yogendra Shrivastava, (2010) 2 SCC 538, even the Supreme Court has held that relief of payment of arrears is restricted to 3 years prior to the date of petition. The maxim vigilantibus, et non dormientibus, jura subveniunt, meaning thereby that equity comes to the aid of the vigilant and not the slumbering is very much applicable in this case.
This being the settled legal position, we find no merit in the appeal. It is accordingly dismissed.