HARNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who retired from service on 31.8.1998, has filed the present petition claiming revision of pay scales w.e.f. 1.1.1986, proficiency step up increments after completion of 8/16 years of service and amount on account of Group Insurance Scheme.

(2.) Considering the fact that the writ petition has been filed 13 years after retirement claiming certain benefits, the issue regarding which could be raised when the petitioner was in service, the petition at this stage deserves to be dismissed on account of delay and laches only.

(3.) The issue regarding delay in invoking extra-ordinary jurisdiction was considered by Hon'ble the Supreme Court in U. P. Jal Nigam and another v. Jaswant Singh and another, 2006 11 SCC 464. It was a case in which certain employees raised the issue that they were not liable to be retired at the age of 58 years but should be permitted to continue in service till they attain the age of 60 years. They were still in service when the writ petitions were filed. The writ petitions were ultimately allowed. Placing reliance upon that judgment, some of the employees, who already stood retired, filed writ petitions claiming same benefit. The writ petitions were allowed by the High Court in terms of its earlier judgment. The judgment of the High Court was impugned before Hon'ble the Supreme Court, wherein while referring to earlier judgments of Hon'ble the Supreme Court in Rup Diamonds v. Union of India, 1989 2 SCC 356; State of Karnataka v. S. M. Kotrayya, 1996 6 SCC 267; Jagdish Lal v. State of Haryana, 1997 6 SCC 538and Government of West Bengal v. Tarun K. Roy, 2004 1 SCC 347, it was opined that the persons who approach the court at a belated stage placing reliance upon an order passed in some other case earlier, can be denied the discretionary relief on account of delay and laches. Relevant paragraphs thereof are extracted below: