BHANU PRATAP SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No.1886 of 2019 dated 09.08.2019.

(2.) The appellant-writ petitioner invoked the jurisdiction of this Court contending that, while his services were regularized from 31.05.2012, he ought to have been regularized from 01.10.1986; and, since he retired from service on 31.08.2018, he should be treated to have been regularized from 01.01.1986, and his service should be computed from that date for the purpose of payment of pensionary benefits.

(3.) In the order under appeal, the learned Single Judge observed that there was inordinate delay and laches; on being asked why the Writ Petition should be entertained after a lapse of seven years, the appellant-writ petitioner had pointed out to Para 11 of the writ affidavit; a perusal of the petition did not justify the laches and delay in filing the Writ Petition; he had failed to show a cogent reason to approach the Court after an inordinate delay of seven years; he had filed the Writ Petition seeking his regularization w.e.f. 01.10.1986, whereas his services were regularized by order dated 31.05.2012; the appellant-writ petitioner could have questioned his regularization from 01.10.1986 and for being granted other benefits but he chose to sleep over his rights; and anyone who sleeps over his right was bound to suffer. On the ground that the appellant-writ petitioner had approached the Court belatedly, and had not explained the delay and laches in filing the Writ Petitin, the learned Single Judge dismissed the same.