The High Court dismissed the writ petition solely on the grounds of delay and laches due to the filing of the petition more than 20 years after the petitioner's discharge from service.
Petition dismissed solely on grounds of delay and laches.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1046/2018
Babu Ram Ex- L/nik No. 850812745 S/o Shri Bharmal Ram Ji, R/ o Peelwa, Tehsil Phalodi, District Jodhpur Raj.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Narpat Singh Champawat |
|---|---|
| For Respondent(s) | : Mr. Mukesh Rajpurohit, ASG Mr. Prakash Raika |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
13/09/2022
The petitioner was appointed in respondent-organisation with effect from 27.06.1985 on the post of Constable. The petitioner was dis-charged from the respondent-organisation with effect from 31.01.1997 on tendering resignation from the services. The petitioner in the present writ petition has prayed that the respondent-organistion may be directed to continue him in services. In alternative it is prayed that he may be held entitled for service benefits after taking into consideration his length of service.
(2 of 2)
[CW-1046/2018]
It is noticed that the present writ petition has been filed on 17.01.2018 i.e. after lapse of more than 20 years from the date of discharge from the respondent-organisation. No plausible and acceptable explanation has been furnished in the writ petition for inordinate delay and laches in filing the petition. The petition, therefore, deserves to be dismissed.
It is settled law that an employee should not be permitted to revive the stale claim. The High Court while exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India would not ordinarily assist the tardy and indolent person.
In the result, the writ petition is dismissed solely on the
ground of delay and laches.
(KULDEEP MATHUR),J
66-KshamaD/-
1 issue framed by the court
Whether the High Court can grant relief for continuing service or service benefits in a writ petition filed after a delay of over 20 years.
Babu Ram
Union Of India
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
