Nemwati Vs Govt of NCT through Director & Anr. & Ors.

The present Letters Patent Appeal has been filed against the impugned order dated 09.08.2024 whereby learned Single Judge has rejected appellant’s petition on the ground of gross delay and laches.

¶13

Learned counsel for the appellant submitted that learned Single Judge has erred in non-suiting the appellant on the ground of delay and laches, ignoring the basic submissions which were advanced by the appellant that it was a continuous wrong on behalf of the respondents and hence, there was no

¶14

LPA 973/2024 Page 1 of 3

¶15

This is a digitally signed order.

¶16

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 11:54:04

¶17

delay.

¶18

In order to support his contention, learned counsel submitted that in the year 1994, he was engaged as an Aya (maid), however, the appointment order came to be issued on 01.02.1997 vide which she was appointed under Provisions of Industrial Disputes Act 1947, as a worker and not under provisions of Delhi School Education Act and Rules, 1973 ( hereinafter referred as ‘DSEAR’) . Learned counsel submitted that since then, the respondents continued such wrong and did not apply Delhi School Education Act, qua the appellant and, did not confer regular pay scale and other benefits for which it is a case of a continuous wrong.

¶19

Learned counsel for the appellant submitted that he had cited a host of judgments which have not been considered by the learned Single Judge in their true perspective.

¶20

Heard learned counsel for the appellant and perused the impugned order.

¶21

According to us, the cause of action accrued to the appellant on 01.02.1997, when she was appointed as an Aya (maid) or a worker under the Act of 1947 and not appointed under the provisions of DSEAR. Such grievance which is the cause of action, froze as and when such order was issued. If the appellant had any grievance or grudge, the same was against such order of appointment dated 01.02.1997, and non-payment of regular pay scale is only a consequence which can, in a given case, be treated to be a continuous wrong.

¶22

We are firmly of the view that so far as the cause of action that has accrued to the appellant is concerned, the same was indisputably 01.02.1997. 8. The appellant got up from her slumber after 27 years and she had

¶23

LPA 973/2024 Page 2 of 3

¶24

This is a digitally signed order.

¶25

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 11:54:04

¶26

neither taken recourse to legal proceedings nor had she filed even a single representation. Such indolent attitude of the appellant disentitles her from claiming any relief under the extraordinary jurisdiction of this Court, which is otherwise discretionary.

¶27

The appeal, therefore, fails.

¶28

DINESH MEHTA, J.

¶29

GIRISH KATHPALIA, J.

¶30

DECEMBER 3, 2025/MR

¶31

LPA 973/2024 Page 3 of 3

¶32

This is a digitally signed order.

¶33

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2025 at 11:54:04

Nemwati v. Govt of NCT through Director & Anr. & Ors.

Case brief

What is this about?

What did the court decide?

Nemwati v. Govt of NCT through Director & Anr. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Prof Dr. Mohan Rao Vs Jawaharlal Nehru University & Ors.

Quick Services Proprietor Mr Madan Gupta Vs Sales Tax Officer Class II Assistant Value Added Tax Officer (Avato) Ward 60 Zone 4 Delhi and Ors. &

Ritu Sachdeva & Anr. Vs Municipal Corporation of Delhi and Ors.

Stanlee (India) Enterprises Pvt. Ltd. Vs the Commissioner of Cgst, Delhi North

Rita Solomon & Ors. (N K Dhenish & Ors.) Vs the Republic of Italy & Anr.

M/S Rudram Chains through Its Partner & Ors. Vs Sunil Kumar