Dismissed

Balwant Singh and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC12 Apr 2016CWP/18746/2012

Case brief

AI extract

What is this about?

Petitioners, employed as Beldars-cum-Malis, challenged the regularisation of their services from 01.10.2003 instead of 01.01.1996. The Court dismissed the petition as grossly belated, noting it was filed six years after a previous regularisation order without explanation.

What did the court decide?

The writ petition was dismissed on the ground of inordinate delay and laches. No costs.

Balwant Singh and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2016)

¶1

C. W. P. No. 18746 of 2012

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

¶4

Case No. : C. W. P. No. 18746 of 2012

¶5

Date of Decision : April 12, 2016

¶6

Balwant Singh and others .... Petitioners vs. State of Haryana and others .... Respondents

¶7

CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

¶8

¶9

To be referred to Reporters or not ?

¶10

Whether the judgment should be reported in the digest ?

¶11

¶12

Present : Mr. Ajay Chaudhary, Advocate for the petitioners.

¶13

Mr. Harish Rathee, Senior DAG, Haryana.

¶14

¶15

DEEPAK SIBAL, J. :

¶16

Through the present petition, the petitioners, who serve the respondents as Beldars-cum-Malis, seek regularisation of their services w.e.f. 01.01.1996 instead of 01.10.2003.

¶17

It is undisputed that through order dated 16.10.2006, the petitioners' services were regularised w.e.f. 01.10.2003 i.e. from the date sanctioned posts, against which the petitioners' services could be regularised, were available. The present petition has been filed in September 2012 i.e. after over six years. No explanation has been afforded for the inordinate delay in filing the present petition.

¶18

MONIKA 2016.04.23 12:41 I attest to the accuracy and authenticity of this document

¶19

C. W. P. No. 18746 of 2012

¶20

¶21

The present petition is grossly belated and thus, requires to be rejected on this ground alone.

¶22

The view expressed by me finds support from a recent judgment of this Court in CWP No.225 of 2015 titled as Satyabir and others Vs. State of Haryana and others, decided on 08.01.2015 wherein this Court, while considering a similar issue and after referring to several judgments of the Apex Court as also this Court on the subject of delay, dismissed the petition which had been filed seeking regularization of services with effect from an earlier date after a delay of more than 03 years by holding as under :-

¶23

“ After hearing learned counsel for

¶24

the petitioners and perusing the paper book, I do not find any merit in the submissions made. It is not in dispute that the services of the petitioners were regularised with effect from 29.7.2011. As their services were regularised in the year 2011, they felt satisfied. However, after more than three years of regularisation of their services, they filed the present writ petition on 7.1.2015, claiming regularisation in terms of policies dated 28.7.1994 or 1.10.2003, which is highly belated.

¶25

[Emphasis supplied]”

¶26

In view of the aforesaid facts and the settled position of law, the present petition is dismissed on the ground of delay and latches.

¶27

No costs.

¶28

( DEEPAK SIBAL ) JUDGE

¶29

April 12, 2016

¶30

monika

¶31

MONIKA 2016.04.23 12:41 I attest to the accuracy and authenticity of this document

Balwant Singh and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Balwant Singh and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Gagandeep & Anr. Vs Panjab University

Kaptan Singh Vs Uttar Haryana Bijli Vitran Nigam & Anr.

Vinod Kumar Vs State of Haryana and Ors.

Bhim Sain Vs State of Haryana & Ors.

Dharambir Vs State of Haryana & Others

Sanjay Dabas and Ors. Vs State of Haryana and Ors.