SHER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Feeling aggrieved against the alleged inaction on the part of respondent authorities, petitioner has approached this Court by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of Mandamus.

(2.) This is yet another glaring example wherein the petitioner has been found trying to misuse the process of law. Petitioner joined government service in the respondent-Education Department as teacher on 25.7.1970. During service, he claimed to have acquired higher qualification on 22.6.1978. Petitioner retired from the government service, after reaching the age of supernnuation on 31.8.2007. By way of present petition, filed after seven years of his retirement, petitioner claims release of JST grade, on the basis of higher qualification acquired in the year 1978 and for Kugmraar Anmtit of consequential benefits of re-fixation of his pay and arrears of salary alongwith interest.

(3.) Learned counsel for the petitioner submits that since the petitioner was claiming relief on the basis of instructions dated 23.7.1957 (Annexure P-2), 19.2.1979 (Annexure P-3), 20.9.1979 (Annexure P-4) and 9.1.1980 (Annexure P-5) as well as order dated 15.4.2009 (Annexure P-6) passed by this Court in CWP No. 3931 of 1992, principle of delay and laches will not be attracted against the petitioner and he was entitled for the benefit of his higher qualification in the form of grant of GST grade, re-fixation of his pay and arrears of salary alongwith interest. In support of his contentions, learned counsel for the petitioner relies upon a judgment of this Court in Saroj Kumari and others Vs. State of Punjab and others, 1998 3 RSJ 350.