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2020 DIGILAW 557 (HP)

Vijay Kumar v. State of Himachal Pradesh

2020-09-02

AJAY MOHAN GOEL

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JUDGMENT Ajay Mohan Goel, J. - By way of this petition, the petitioner has prayed for the following reliefs:- "(i) That the respondents may be ordered to give same benefit as per the judgment rendered in the case of Dr. Amin Chand and others in CWPT No. 12595 of 2008, decided on 7.8.2012 such as DA, regular increments, NPA and other benefits with all the benefits incidental thereof such as arrears etc. from the due date from which Dr. Amin Chand and others were given. (ii) That the record of the case may be summoned in the interest of justice. (iii) That any other relief to which the petitioner is found entitled to, may be granted in favour of the petitioner." 2. The petitioner was initially appointed as Ayurvedic Medical Officer, on contract basis, in the year 1999. His services were regularized as such w.e.f. 25.11.2008. He was superannuated from service in the year 2017. By way of this petition, the petitioner has prayed for grant of benefits to him in terms of the judgment which stood passed by this Court in CWPT No. 12595 of 2008, titled as Dr. Amin Chand versus State of Himachal Pradesh and others, decided on 07.08.2012 and other connected matters. 3. When confronted with the question of delay and latches, learned Counsel for the petitioner could not give satisfactory answer. In my considered view, this petition is badly hit by delay and latches. The petitioners in CWPT No. 12595 of 2008, titled as Dr. Amin Chand vs. State of Himachal Pradesh and other connected matters approached the Courts as far back as in the year 2008 for the redressal of the issues which stood raised by them in those petitions. Those writ petitions stood disposed of by this Court on 07.08.2012. This writ petition has been filed by the petitioner praying for the reliefs as quoted above on the strength of the judgment so passed by this Court on 13th of March, 2020. At the most, cause of action to seek reliefs as have been granted in abovesaid petitions by this Court, has accrued in favour of the petitioner when the judgment was passed by this Court in Dr. Amin Chand's case supra. Yet, the petitioner slept over his rights and it took him almost 8 years to approach this Court by way of this writ petition praying for said reliefs. 4. Amin Chand's case supra. Yet, the petitioner slept over his rights and it took him almost 8 years to approach this Court by way of this writ petition praying for said reliefs. 4. Though learned Counsel for the petitioner has made a feeble arguments to the effect that he was approaching the department concerned time and again by way of representations, but alongwith this petition, not even a single representation has been appended. It is settled law that in case a party does not approaches the appropriate forum/ Court of law within the period of limitation or within some reasonable time thereafter, or if the petition is hit by delay and latches, then, though the right remains but the remedy to seek such reliefs goes. 5. Accordingly, this as Court is convinced that this petition is badly hit by delay and latches, the same is dismissed. Pending miscellaneous application(s), if any, also stand disposed of.