H.P. KHADI Vs. BHUPINDER SINGH THAKUR

JUDGEMENT

(1.) Appellant-Board has filed this Letters Patent Appeal challenging the judgment dtd. 21/9/2020, passed in CWPOA No.4859 of 2019 by the learned Single Judge, whereby the writ petition filed by the private respondents was allowed.

(2.) Mr. Rishi Tandon, learned counsel for the appellant-Board, has submitted that writ petition filed by the private respondents was hit by delay and laches and was liable to be dismissed. Learned counsel has further submitted that the learned Single Judge has further erred in granting all consequential benefits to the private respondents with effect from the year 1983, whereas, the arrears were liable to be restricted to three years prior to the filing of the writ petition.

(3.) Learned counsel for respondents No.1 to 4, on the other hand, has opposed the appeal and has submitted that the case of the private respondents could not be rejected on the ground of delay and laches because the cause of action to the petitioners was recurring one. On account of anomaly in their pay scales, respondents were being paid less salary every month. Thus, it was a case of continuing wrong. Learned counsel for the respondents has fairly conceded that the arrears were liable to be restricted to three years prior to the filing of the writ petition.