MUNNI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition is two fold. Firstly, the deceased- husband of the petitioner was entitled to the grant of pay scale of Rs. 7500- 12000/- w.e.f. 1.1.1996. Secondly, he was also entitled to increment for higher responsibility on his promotion as Principal.

(2.) Admittedly, the husband of the petitioner died in the year 2010. The right to pay scale as prayed for and if at all, accrued to him during his life time and that too in the year 1996 itself. He chose not to challenge the same and accepted the pay scale that he was already getting. The petitioner, who is wife of the deceased, also continued to receive the full salary of deceased husband from the date of his death in the year 2016 up till deemed date of his superannuation i.e. May 2016. She too, during this period, did not come forward to make the claim. Today, we are in the year 2020. Therefore, the very claim is belated and deserves to be rejected on the ground of delay and latches.

(3.) The Co-ordinate Bench of this Court in the case of Prem Nath and others Vs. State of Punjab and others, CWP No.9025 of 2016, decided on 14.07.2017, dismissed the petition on the question of delay, wherein the petitioner chose to agitate only after the retirement, by observing as under:-