The petitioner sought appointment as Constable in RAC Battalion claiming benefits from a 1994 advertisement. The High Court dismissed the writ petition due to a delay of 26 years and laches.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1487/2021
Sataya Prakash S/o Shri Dataram, Aged About 45 Years, Resident Of Village And Post- Abhora, Police Station And Tehsil Kumher, District- Bharatpur. (Raj)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Mukesh Sharma. For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
02/08/2021
This writ petition has been filed by the petitioner with the following prayer:-
“It is, therefore, respectfully prayed that this writ petition may kindly be accepted and allowed and this Hon'ble Court may be pleased to summon the entire relevant record and after perusal of the same, this Hon'ble Court may be pleased to:
i) Issue an appropriate writ, order or direction thereby directing the respondents to issue fresh appointment letter to the petitioner in pursuance of the advertisement dated 06.08.1994, thereafter petitioner may be permitted to join as Constable in Second Batgtalion RAC Kota and he may be treat in service w.e.f. 1994.
ii) Issue an appropriate writ, order or direction to the responjdent to consider the candidature
(2 of 2)
[CW-1487/2021]
of the petitioners may not be Debar for the appointment for the post of Constable in Second Battalion RAC Kota.
Iii) Issue an appropriate writ, order or direction to the respondent to allow the petitioner to join on the post of Constable in Second Battalion RAC Kota. In pursuance office/ Appointment order dated 26.10.1994 along with all consequential all promotional benefit.
iv) Any other appropriate order or direction, which this Hon'ble Court may deem just and proper in the facts of the present case, may also be passed in favour of the petitioner. v) Cost of the writ petition may also be awarded.”
Admittedly, the petitioner has filed this writ petition seeking relief against the respondent with regard to appointment on the post of Constable in pursuance to the advertisement issued in 1994.
In my considered view, the petitioner has filed this writ petition after a delay of 26 years. Hence, this writ petition is dismissed on the ground of delay and latches.
(INDERJEET SINGH),J
PREETI VALECHA /81
1 issue framed by the court
Whether the writ petition challenging non-appointment as Constable can be allowed considering the 26-year delay filed by the petitioner.
Sataya Prakash S/o Shri Dataram
Chief Secretary, Government Of Rajasthan
Director General, R.a.c. Battalion
Commandant, R.a.c Battalion Second
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
