A N ANSARI Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) The petitioner, who is working as a Private Secretary in the Rajasthan High Court has filed this writ petition praying that the respondent No. 1, Rajasthan High Court, be directed to pay honorarium/additional pay to the petitioner at the rate of 27.5% of the total of basic pay for typing out the statements of the witnesses in election petitions and in the alternative prayed that in case this Court does not find it proper to pay honorarium to the petitioner then the respondent may be restrained from taking his services for typing out the statements of the witnesses as the same is not the part of his duty.

(2.) Before filing this petition, the petitioner made several representations in this behalf in 1984, 1985 and 1986 and lastly he made representation in 1987 and thereafter he filed this petition. This itself is a ground to dismiss the writ petition on the ground of gross delay and laches. The petitioner cannot go on making representations and wait for years if the representation was not replied within a reasonable time then he should have approached the court at the earliest point of time, therefore, firstly on the ground of delay and laches, this petition is required to be dismissed.

(3.) Secondly, this petition is not maintainable because no fundamental right of the petitioner guaranteed under the provisions of the Constitution has been violated. To pay honorarium/additional pay for doing some work, is not a right of the petitioner to claim much less by way of this writ petition before this Hon'ble Court under Article 226 of the Constitution. Apart from the fact that on merits also, the petitioner is not entitled for such honorarium or additional pay, the petitioner if at all has any right, then he should have approached the Civil Court or any other appropriate forum rather than approaching this Court by way of this writ petition.