Punjab-Haryana High Court
Zile Singh vs State Of Haryana And Ors on 3 October, 2024
Neutral Citation No:=2024:PHHC:132557
-1-
CWP-25553
25553 of 2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-25553
25553 of 2024
Date of decision: 03.10.2024
Sh. Zile Singh
......Petitioner
Versus
State of Haryana and others
......Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: - Mr. G.S. Dhaliwal, Advocate,
for the petitioner.
Mr. Saurabh Mohunta, DAG, Haryana.
NAMIT KUMAR, J. (ORAL)
1. Petitioner has approached this Court by filing the instant petition under Articles 226 and 227 of the Constitution of India, seeking a writ of mandamus,, directing the respondents to regularise the services of the petitioner w.e.f. 01.07.1987 and to calculate and pay the arrears of pay and pension along with interest @ 18% per annum.
2. The facts, as have been pleaded in the petition, are that th the petitioner was appointed as Beldar in the Public Health Department of State of Haryana on 01.07.1987 and his services were terminated in the year 1996, which was challenged before the Industrial Tribunal Tribunal-cum-
Labour Court, Hisar, and vide award dated 25.0 25.01.2000, petitioner was ordered to be reinstated in service with continuity of service with 50% backwages from the date of demand notice i.e. 16.08.1996 till reinstatement. The writ petition filed by the State of Haryana against the said award was dismissed dismissed by a Division Bench of this Court vide 1 of 18 ::: Downloaded on - 03-11-2024 08:36:11 ::: Neutral Citation No:=2024:PHHC:132557 -2- CWP-25553 25553 of 2024 order dated 25.09.2001 i.e. CWP No.14969 of 2001 - State of Haryana v. Zile Singh and another.
another. The petitioner was released 50% backwages. His services were regularised on 01.10.2003.
3. The grievance of the petitioner ioner in the present writ petition is that the services of the petitioner ought to have been regularised w.e.f. 01.07.1987 i.e. the initial date of his appointment and not from 01.10.2003. For claiming regularization w.e.f. 01.07.1987, petitioner has placed ed reliance upon the instructions dated 17.06.1997 (Annexure P-7).
7). The relevant portion from the said instructions reads as under: -
"2. Daily Rated Employees.. - That only such daily- wagers who have completed three years service on Group C posts on 31st January, anuary, 1996 and were in service on 31st January, 1996, shall be regularised against their respective Group C posts, provided they fulfil the requisite qualification and were originally appointed on Group C posts and the posts are available. If the posts are not available, they should be got created from the Finance Department or they should be regularised in Group D scale on compassionate grounds like other daily daily-wagers, provided further that they have worked for a minimum period of 240 days in each year and the break in service in any year is not more than one month at a time."
4. The petitioner served a legal notice dated 09.04.2024 claiming regularization w.e.f. 01.07.1987 and the same has been replied vide letter dated 12.07.2024, wherein it has been stated that the services of the petitioner have been regularised w.e.f. 01.10.2003 when he was found eligible for regularization.
5. Learned counsel for the petitioner submits that the services of the petitioner ought to have been regularised w.e.f. 01.07 01.07.1987 when 2 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -3- CWP-25553 25553 of 2024 he initially joined the service and the action of the respondents in regularising his service only w.e.f. 01.10.2003 is totally illegal.
6. On the strength of receipt of advance copy of the petition, learned State counsel submits that the servi services of the petitioner have been regularized w.e.f. 01.10.2003 in terms of the policy dated 01.10.2003 (Annexure P-8) P and since the petitioner was not eligible for regularization in terms of policy dated 17.06.1997 as he was not fulfilling the conditions mentioned therein as there was break in service for more than one month in the years 1995 and 1996. He further submitss that the present petition is liable to be dismissed on account of delay and laches as the services of the petitioner were regularized on 01.10.2003 and the present petition has been filed after a period of 21 years and that too after retirement of the pe petitioner. He further submits that the petitioner has not disclosed the factum of retirement in the whole petition and there is concealment on his part.
7. I have heard learned counsel for the parties and perused the record with their able assistance.
8. Admittedly, the services of the petitioner have been regularized w.e.f. 01.10.2003 and the factum of retirement has not been disclosed by the petitioner in the writ petition although in the list of events it has been stated that the petitioner has superan superannuated from service on 30.11.2023. While the petitioner was in service till 30.11.2023, he never claimed regularization w.e.f. 01.07.1987 01.07.1987. Even the legal notice issued through is counsel is dated 09.04.2024, meaning thereby that for 21 years, the petitioner petitioner never raised this issue.
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9. The Hon'ble Supreme Court in Yunus (Baboobhai) A Hamid Padvekar Vs. State of Maharashtra Through its Secretary and others : 2009 (2) SCT 24, 24, while referring to the issue of delay and latches, had held as follows:-
follows:
"8. Delay or laches is one of the factors which is to be borne in mind by the High Courts when they exercise their discretionary powers under Article 226 of the Constitution of India, 1950 (in short the 'Constitution'). In an appropriate case the High Court may ref refuse to invoke its extraordinary powers if there is such negligence or omission on the part of the applicant to assert his right as taken in conjunction with the lapse of time and other circumstances, causes prejudice to the opposite party. Even where fundamental mental right is involved the matter is still within the discretion of the Court as pointed out in Durga Prasad v. Chief Controller of Imports and Exports (AIR 1970 SC 769).. Of course, the discretion has to be exercised judicially and reasonably.
9. What was stated in this regard by Sir Barnes Peacock in Lindsay Petroleum Company v. Prosper Armstrong Hurde etc. (1874) 5 PC 221 at page 239 was approved by this Court in Moon Mills Ltd. v. Industrial Courts (AIR 1967 SC 1450) and Maharashtra State Tra Transport Corporation v. Balwant Regular Motor Service (AIR 1969 SC 329),, Sir Barnes had stated:
"Now the doctrine of laches in Courts of Equity is not an arbitrary or technical doctrine. Where it would be practically unjust to give a remedy either because thee party has, by his conduct done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has though perhaps not waiving that remedy, yet put 4 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -5- CWP-25553 25553 of 2024 the other party in a situation in which it would not be reasonable ble to place him if the remedy were afterwards to be asserted, in either of these cases, lapse of time and delay are most material. But in every case, if an argument against relief, which otherwise would be just, if founded upon mere delay, that delay of course ourse not amounting to a bar by any statute of limitation, the validity of that defence must be tried upon principles substantially equitable. Two circumstances always important in such cases are, the length of the delay and the nature of the acts done dur during the interval which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy."
10. It would be appropriate to note certain decisions of this Court in which this aspect has been dealt with in relation with Article 32 of the Constitution. It is apparent that what has been stated as regards that Article would apply, a fortiori, to Article 226. It was observed in R.N Bose v. Union of India (AIR 1970 SC 470) that no relief cann be given to the petitioner who without any reasonable explanation approaches this Court under Article 32 after inordinate delay. It was stated that though Article 32 is itself a guaranteed right, it does not follow from this that it was the intention of the Constitution makers that this Court should disregard all principles and grant relief in petitions filed after inordinate delay.
11. It was stated in State of M.P. v. Nandlal (AIR 1987 SC 251) that the High Court in exercise of its discretion does not ordinarily rdinarily assist the tardy and the indolent or the acquiescent and the lethargic. If there is inordinate delay on the part of the petitioner and such delay is not satisfactorily explained, the High Court may decline to 5 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -6- CWP-25553 25553 of 2024 intervene and grant relief in exercis exercise of its writ jurisdiction. It was stated that this rule is premised on a number of factors. The High Court does not ordinarily permit a belated resort to the extraordinary remedy because it is likely to cause confusion and public inconvenience and bring inn its trail new injustices, and if writ jurisdiction is exercised after unreasonable delay, it may have the effect of inflicting not only hardship and inconvenience but also injustice on third parties. It was pointed out that when writ jurisdiction is invo invoked, unexplained delay coupled with the creation of third party rights in the meantime is an important factor which also weighs with the High Court in deciding whether or not to exercise such jurisdiction.
12. In view of the aforesaid position we are not iinclined to interfere in this appeal which is dismissed accordingly."
10. Further the Hon'ble Supreme Court in State of Uttaranchal and another Vs. Sri Shiv Charan Singh Bhandari and others, 2013(6) SLR 629, 629, while considering the issue regarding delay and laches and referring to earlier judgments on the issue, opined that repeated representations made will not keep the issues alive. A stale or a dead issue/dispute cannot be revived even if such a representat representation has been decided either by the authority or by getting a direction from the court as the issue regarding delay and laches is to be decided with reference to original cause of action and not with reference to any such order passed. Delay and laches on the the part of a government servant may deprive him of the benefit which had been given to others. Article 14 of the Constitution of India, in a situation of that nature, will not be attracted as it is well known that law leans in favour of those who are 6 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -7- CWP-25553 25553 of 2024 alert and vigilant. Even equality has to be claimed at the right juncture and not on expiry of reasonable time. Even if there is no period prescribed for filing the writ petition under Article 226 of the Constitution of India, yet it should be filed within a re reasonable time.
An order promoting a junior should normally be challenged within a period of six months or at the most in a year of such promotion.
Though it is not a strict rule, the courts can always interfere even subsequent thereto, but relief to a person, person, who allows things to happen and then approach the court and puts forward a stale claim and try to unsettle settled matters, can certainly be refused on account of delay and laches. Any one who sleeps over his rights is bound to suffer. An employee who sleeps like Rip Van Winkle and got up from slumber at his own leisure, deserves to be denied the relief on account of delay and laches. Relevant paragraphs from the aforesaid judgment are extracted below:
"13.
13. We have no trace of doubt that the respondents could have challenged the ad hoc promotion conferred on the junior employee at the relevant time. They chose not to do so for six years and the junior employee held the promotional post for six years till regular promotion took place. The submission of th the learned counsel for the respondents is that they had given representations at the relevant time but the same fell in deaf ears. It is interesting to note that when the regular selection took place, they accepted the position solely because the seniority was maintained and, thereafter, they knocked at the doors of the tribunal only in 2003. It is clear as noon day that the cause of action had arisen for assailing the order when the junior employee was promoted on ad hoc basis on
7 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -8- CWP-25553 25553 of 2024 15.11.1983. In C. Jacob v. Director of Geology and Mining and another, (2008) 10 SCC 115 115, a two-Judge Bench was dealing with the concept of representations and the directions issued by the court or tribunal to consider the representations and the challenge to the said rejection thereafter.
eafter. In that context, the court has expressed thus:
thus:-
"Every Every representation to the Government for relief, may not be replied on merits. Representations relating to matters which have become stale or barred by limitation, can be rejected on that ground alone, lone, without examining the merits of the claim. In regard to representations unrelated to the Department, the reply may be only to inform that the matter did not concern the Department or to inform the appropriate Department. Representations with incomple incomplete particulars may be replied by seeking relevant particulars. The replies to such representations, cannot furnish a fresh cause of action or revive a stale or dead claim."
11. In Bharat Sanchar Nigam Limited Vs. Ghanshyam Dass (2) and others, others (2011) 4 SCC 374, a three--Judge Bench of the Hon'ble Supreme Court reiterated the principle stated in Jagdish Lal Vs. State of Haryana, (1997) 6 SCC 538 and proceeded to observe that as the respondents therein preferred to sleep over their rights and approached thee tribunal in 1997, they would not get the benefit of the order dated 07.07.1992.
12. In State of T. N. Vs. Seshachalam, (2007) 10 SCC 137, the Hon'ble Supreme Court, testing the equality clause on the bedrock of delay and laches pertaining to grant of service benefit, has ruled thus:-
"...
... filing of representations alone would not save the period of limitation. Delay or laches is a relevant factor for a court of law to determine the question as to whether the claim made by an applicant deserves consider consideration.
8 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -9- CWP-25553 25553 of 2024 Delay and/or laches on the part of a government servant may deprive him of the benefit which had been given to others. Article 14 of the Constitution of India would not, in a situation of that nature, be attracted as it is well known that law leans in favour of those who are alert and vigilant."
13. In New Delhi Municipal Council Vs. Pan Singh and others,, (2007) 9 SCC 278, 278, the Hon'ble Supreme Court has opined that though there is no period of limitation provided for filing a writ petition under Article 226 of the Constitution of India, yet ordinarily a writ petition should be filed within a reasonable time. In the said case the respondents had filed the writ petition after seventeen years and the court, as stated earlier, took note of the delay aand laches as relevant factors and set aside the order passed by the High Court which had exercised the discretionary jurisdiction.
14. In a recent judgment by the Division Bench of this Court in "Ram Kumar Vs. State of Haryana and others", 2022 (3) SCT 346, while rejecting the claim of the petitioner for counting of his ad hoc service, for the purpose of seniority/pension and regularization in service on completion of 02 years as per policy, held that the petition filed by him suffered from gross, inordinate inordinate and unexplained delay in approaching the High Court. In the said judgment, it has been held as under:-
"10.
10. What we wish to emphasize, in particular, is that services of the appellant were regularized w.e.f. 01.04.1997. And, he was assigned a specific seniority position in the cadre. Whereafter, he continued to serve 9 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -10- CWP-25553 25553 of 2024 the department for nearly twenty five years, before attaining the age of superannuation in January, 2022. Needless to assert that during all these years, he availed all admissible benefits, promotions, and retired as Inspector. Thus, it rather appears that institution of the petition by the appellant was speculative and an attempt to resurrect a stale and dead claim. The Supreme Court, in New Delhi Municipal Council v. Pan Singh & Ors., 2007(9) SCC 278, observed:
"15.
15. There is another aspect of the matter which cannot be lost sight of. Respondents herein filed a Writ Petition after 17 years. They did not agitate their grievances for a long time. They, as noticed herein, did not claim parity with the 17 workmen at the earliest possible opportunity. They did not implead themselves as parties even in the reference made by the State before the Industrial Tribunal. It is not their case that after 1982, those employees who were employed or who were recruited after the cut-off off date have been granted the said scale of pay. After such a long time, therefore, the Writ Petitions could not have been entertained even if they are similarly situated. It is trite that the discretionary jurisdiction may not be exercised in favour of those who approach the Court after a long time. Delay and laches are relevant factors for exercise of equitable jurisdiction. See Govt. of W.B. v. Tarun K. Roy And Others [(2004) 1 SCC 347], Chairman, U.P. Jal Nigam & Anr. v. Jaswan Jaswant Singh And Anr.
[2006 (12) SCALE 347] and Karnataka Power Corpn. Ltd. through its Chairman & Managing Director and Another v. K. Thangappan and Another [(2006) 4 SCC 322] 322]"
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11. Similarly, in Jagdish Lal & Ors. Vs. State of Haryana & Ors., (1997) 6 SCC 538,, it was held by the Supreme Court:
"That That apart, as this Court has repeatedly held, the delay disentitles the party to the discretionary relief under Article 226 or 32 of the Constitution. It is not necessary to reiterate all catena of precedents in this behalf. Suffice it to state that the appellant kept sleeping over their rights for long and elected to wake up when they had the impetus from Vir Pal Chauhan and Ajit Singh's ratios..................... Therefore, desperate attempts of the appellants to re-do the seniority had by them in various cadres/grades though in the same services according to 1974 Rules or 1980 Rule, are not amenable to judicial review at this belated stage...."
12. In the wake of the position as sketched out above, we are dissuaded to interfere nterfere with the impugned order and judgment rendered by the learned single Judge. The appeal being bereft of merit is, accordingly, dismissed."
15. The Co-ordinate ordinate Bench of this Court in "Prem Nath and others Vs. State of Punjab and others", 2018(2) SCT 687, while rejecting the claim of additional increments on acquisition of higher qualifications has held as under:-
under:
"3.
3. It is the case set up on behalf of the petitioners that they had all been appointed before 19.02.1979 and had even improved/acquired higher qualifications before 19.02.1979 and as such there would be no difference between the employees working with the Punjab Government, holding corresponding post and the employees like the petitioners who have worked for Punjab Privately Managed Recognised Aided Schools. It 11 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -12- CWP-25553 25553 of 2024 is also the assertion made by counsel representing the petitioners that their claim would be cove covered in terms of decision dated 02.07.2013 rendered by this Court in a bunch of writ petitions including CWP No.8083 of 1989 titled as Radha Krishan Narang and others vs. State of Punjab and others.
4. Having heard counsel for the petitioners at length, th this Court is of the considered view that the claim of the petitioners would not require any consideration on merits and the writ petition deserves to be dismissed on the sole ground of delay and laches.
5. Placed on record and appended at Annexure P P-1 are the he particulars of the petitioners. The tabulation at Annexure P-11 would show that all the petitioners stand retired on various dates between the years 1995 to 2012. Out of 32 petitioners in all, 22 petitioners superannuated more than 10 years back.
6. Theree is no justification coming forth as regards the inordinate delay in having approached the Writ Court. There is also no explanation put forth by the petitioners as to why the claim raised in the instant petition was not agitated by the petitioners while tthey were in service. The entire thrust of the submissions advanced by counsel is that similarly situated employees had approached this Court and have been granted releif.
7. The issue regarding delay in invoking the extraordinary writ jurisdiction under Article ticle 226 of the Constitution of India was considered by the Hon'ble Supreme Court in Chairman, U.P. Jal Nigam and another v. Jaswant Singh and another (2006)11 SCC 464
464. In such case, certain employees raised the issue that they were not liable to be retired ed at the age of 58 years but should be permitted to continue in service till they attain the age of 60 years. Such employees were still in service when the 12 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -13- CWP-25553 25553 of 2024 writ petitions were filed. The writ petitions were ultimately allowed. Placing reliance upon such jjudgment, some of the employees, who had already superannuated, filed writ petitions seeking the same benefit. Even such petitions were allowed by the High Court in terms of following the earlier judgment. The judgment of the High Court was challenged beforee the Apex Court and wherein while referring to earlier judgments in Rup Diamonds v. Union of India, (1989)2 SCC 356; "Jagdish Lal v. State of Haryana, (1997)6 SCC 538 and Government of West Bengal v. Tarun K. Roy, (2004)1 SCC 347 347, it was opined that persons ns who approached the Court at a belated stage placing reliance upon the order passed in some other case earlier, can be denied the discretionary relief on the ground of delay and laches. The relevant observations made by the Supreme Court are contained in Paras 5, 6 and 16 of the judgment and are extracted here under:
under:-
"5. So far as the principal issue is concerned, that has been settled by this court. Therefore, there is no quarrel over the legal proposition. But the only question is grant of relief to su such other persons who were not vigilant and did not wake up to challenge their retirement and accepted the same but filed writ petitions after the judgment of this court in Harwindra Kumar v. Chief Engineer, Karmik, (2005) 13 SCC 300.. Whether they are entit entitled to same relief or not? Therefore, a serious question that arises for consideration is whether the employees who did not wake up to challenge their retirement and accepted the same, collected their post-retirement retirement benefits, can such persons be given the relief in the light of the subsequent decision delivered by this court?
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6. The question of delay and laches has been examined by this court in a series of decisions and laches and delay has been considered to be an important factor in exercise of the dis discretionary relief under Article 226 of the Constitution. When a person who is not vigilant of his rights and acquiesces with the situation, can his writ petition be heard after a couple of years on the ground that same relief should be granted to him as wa was granted to person similarly situated who was vigilant about his rights and challenged his retirement which was said to be made on attaining the age of 58 years. A chart has been supplied to us in which it has been pointed out that about 9 writ petitions were filed by the employees of the Nigam before their retirement wherein their retirement was somewhere between 30.6.2005 and 31.7.2005. Two writ petitions were filed wherein no relief of interim order was passed. They were granted interim order. Thereafte Thereafter a spate of writ petitions followed in which employees who retired in the years 2001, 2002, 2003, 2004 and 2005, woke up to file writ petitions in 2005 and 2006 much after their retirement. Whether such persons should be granted the same relief or not?
xx xx xx
16. Therefore, in case at this belated stage if similar relief is to be given to the persons who have not approached the court that will unnecessarily overburden the Nigam and the Nigam will completely collapse with the liability of payment to thesee persons in terms of two years' salary and increased benefit of pension and other consequential benefits. Therefore, we are not inclined to grant any relief to the persons who have 14 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -15- CWP-25553 25553 of 2024 approached the court after their retirement. Only those persons who have ffiled the writ petitions when they were in service or who have obtained interim order for their retirement, those persons should be allowed to stand to benefit and not others." [Emphasis supplied]
8. The issue of delay was also dealt with by this Court in Tarsem Pal vs. Punjab State Power Corporation Limited and others, 2013 (3)SLR 314
314. In the case of Tarsem Pal(supra), the petitioner was serving as a Clerk with the respondent-Corporation Corporation and had retired on 31.03.2005. Claim in the writ petition was to gran grant to him the benefit of proficiency set up in the pay scale on completion of 23 years of service from the due date as per policy of the Corporation. During the service career, he had not agitated the claim for increments. For the first time, such claim had been made on 28.02.2005 i.e. just one month prior to superannuation. While non non-suiting the petitioner on account of delay and laches it was held as follows:
follows:-
"11.
11. In the aforesaid judgments, it has been clearly laid down that discretionary relief in a wri writ jurisdiction is available to a party who is alive of his rights and enforces the same in court within reasonable time. The judgment in another case does not give a cause of action to file a writ petition at a belated stage seeking the same relief. Such ppetitions can be dismissed on account of delay and laches. As has already been noticed above in the present case as well, the petitioner joined service in the year 1965 and retired in the year 2005, but raised the issue regarding benefit of proficiency step up in the pay scale on completion of 23 years of service from the due date more than five years after his 15 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -16- CWP-25553 25553 of 2024 retirement referring to a judgment of this court and filed the petition claiming the same relief.
12. The petitioner retired from service on 31.3.200 31.3.2005 and the claim pertaining to the benefit of proficiency step up, which may be admissible to the petitioner during his service career, was sought to be raised more than five years after his retirement, the claim made at such a late stage deserves to be dismissed missed on account of delay and laches only. The petitioner could raise a grievance about the pay scales admissible to him or the last pay drawn by him within a reasonable time after his retirement. He cannot be permitted to raise the same at any time on thee plea that the same is recurring cause of action.
13. Considering the enunciation of law, as referred to above, in my opinion, the petitioner herein is not entitled to the relief prayed for and the petition deserves to be dismissed merely on account of de delay and laches."
9. At this stage, counsel appearing for the petitioners would make an attempt to overcome the obstacle of delay by placing reliance upon a Full Bench Judgment of this Court in Saroj Kumar vs. State of Punjab, 1998(3) SCT
664. Counsel would argue that as per dictum laid down in Saroj Kumar's case(supra), matters of pay fixation involve a recurring cause of action and as such, writ petitions for such claim cannot be dismissed on the ground of delay and laches and the Court at the most, may re restrict the arrears upto 38 months from the date of filing of the petition and disallow the arrears for the period for which even a suit had become time barred.
10. The reliance placed by counsel upon the judgment in Saroj Kumar's case, is wholly misplaced. The observations 16 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -17- CWP-25553 25553 of 2024 and aspect of delay in Saroj Kumar's case, were in the light of the judgment of the Supreme Court in M.R. Gupta vs. Union of India and others, 1995(4) RSJ 502
502. In M.R. Gupta's case(supra), it had been categorically held that so long as an employee "is in service" a fresh cause of action arises every month when he is getting his monthly salary on the basis of a wrong calculation made contrary to rules. It was further held that the claim to be awarded the correct salary on the basis of a pro proper pay fixation "is a right which subsists during the entire tenure of service".
11. In the present case, however the petitioners choose not to agitate their claim while in service. It is much subsequent to their superannuation that they have woken up and seek to gain impetus from certain decisions that may have been rendered in the case of similarly situated employees.
12. Considering the dictum of law as laid down in Chariman, U.P. Jal Nigam's case (supra), the petitioners herein are not entitled to any releif as prayed for and the petition deserves to be dismissed on the sole ground of delay and laches.
13. Ordered accordingly."
16.. The Division Bench of this Court in "H.S. Gill vs Union of India and others", 2016(2) SCT 477,, has held that an employee cannot claim the revised pay scale after retirement once he has been receiving the pay scale granted by the employer for the last 09 years. The relevant portion from the said judgment, reads as under:
under:-
"14.
14. The petitioner is also not entitled to any relief on account of principle of delay and laches. He has been receiving the pay in the pay scale of Rs.6500 Rs.6500-10500 right from his transfer to CSIO, Chandigarh i.e. 2.7.2002. For
17 of 18 ::: Downloaded on - 03-11-2024 08:36:12 ::: Neutral Citation No:=2024:PHHC:132557 -18- CWP-25553 25553 of 2024 the first time, he moved the representation on 29.8.2011, so, he kept mum for about 9 years. Thus, the claim of the petitioner is highly belated and stale."
17. No material muchless any policy framed by the State Government with regard to claim of regularization w.e.f. 01.07.1987 has been placed on record by the petitioner.
18. In this view of the matter, present petition is dismissed on the ground of delay and laches.
(NAMIT KUMAR)
03.10.2024 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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