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2006 DIGILAW 276 (PNJ)

Prem Dutt Diwan v. State

2006-02-02

JAGDISH SINGH KHEHAR, S.N.AGGARWAL

body2006
Judgment S. N. Aggarwal, J. 1. This order will dispose of Civil Writ Petition Nos.1588 and 1589 of 2006 as common questions of facts and law involved in these writ petitions are the same. However, facts have been extracted from Civil Writ 2. The petitioner is a J. B. T Teacher in Government Primary school at Tigri, District Yamuna Nagar. He acquired higher qualifications of m. A and B. Ed and claimed higher pay scales with effect from 1.10.1965 under the notified pay scales of 1957 but these benefits were denied to him. 3. The petitioner filed Civil Writ Petition No.6827 of 1988 which was decided by this Court on 3.12.1988. The matter had reached the HON BLE Supreme court which was decided on 19.10.1994. On non-implementation of the judgment, Contempt Petition was filed by the petitioner in 1996 which was dismissed on 7.9.1996 by observing that the petitioner should seek alternative remedy available to him. The Review Petition filed against the said order has been dismissed on 8.4.2005. 4. Hence the present writ petition. 5. As is apparent through the present petition, the petitioner seeks to avail higher pay scales on the ground that he has acquired higher qualifications and, therefore, under the Rules, he has become entitled to it with effect from 1.10.1965. The present writ petition is,therefore, being filed by the petitioner after 40 years after he became entitled to higher pay scale. 6. Therefore, the present writ petition to seek higher pay scale is extremely belated and is hit by the principles of delay and laches. Even if it is taken that the limitation is to be counted from the date of the judgment rendered by the HON BLE Supreme Court on 19.10.1994, again the present writ petition is highly belated having been filed after the lapse of 11 years. 7. The present writ petition is, therefore, dismissed on account of delay and laches. Since the petitioner has approached this Court after a long delay and has unnecessarily wasted the time of Court over a dead matter, therefore, he is also burdened with costs of Rs.5,000/-. The said amount of costs be deposited with the Legal Service Authorities Haryana within one month from today and a receipt to that effect be placed on the file. If the petitioner fails to place the receipt on the file,then the matter be put up again before the Division Bench. The said amount of costs be deposited with the Legal Service Authorities Haryana within one month from today and a receipt to that effect be placed on the file. If the petitioner fails to place the receipt on the file,then the matter be put up again before the Division Bench. --- *** ---