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2017 Supreme(Del) 142
IN THE HIGH COURT OF DELHI AT NEW DELHI
VALMIKI J.MEHTA, J.
SHRI OM PRAKASH – Petitioner
versus
AIRPORT AUTHORITY OF INDIA – Respondent
W.P.(C) No. 311 of 2017
Decided on : 17-01-2017
Advocate Appeared:
For the Petitioner:Mr. D.K. Sharma, Advocate.
For the Respondent:Mr. Digvijay Rai, Advocate.
The principles of limitation apply to writ proceedings under Article 226 of the Constitution of India, and writ proceedings beyond the period of limitation should be dismissed on the ground of delay and laches.
Headnote:
Date of Birth Manipulation - Employment Dispute - AAD:PERS:CONF:OP – Attdt. (Apt.)/07/62 - The court dismissed the writ petition challenging the order of the employer concluding the petitioner's manipulated date of birth and recovery of monetary benefits. The court held that the petition was grossly barred by delay and laches, and even if the case had merits, the petitioner failed to submit any documents showing the correct date of birth. The petition was dismissed on the ground of delay and laches.
Fact of the Case:
The petitioner challenged the order of the employer concluding the petitioner's manipulated date of birth and recovery of monetary benefits.
Finding of the Court:
The court found the writ petition grossly barred by delay and laches, and even if the case had merits, the petitioner failed to submit any documents showing the correct date of birth.
Issues: Delay and laches, manipulation of date of birth, recovery of monetary benefits.
Ratio Decidendi: The writ petition was dismissed on the ground of delay and laches, and the petitioner failed to submit any documents showing the correct date of birth.
Final Decision: The petition was dismissed, leaving the parties to bear their own costs.
W.P.(C) 311/2017 and C.M. Appl. No. 1493/2017
1. By this writ petition under Article 226 of the Constitution of India the petitioner impugns the order of the respondent/Airport Authority of India/employer dated 17.4.2008 whereby the respondent/employer has concluded that the petitioner’s actual date of birth was 21.3.1947 but he manipulated the same in the official records wrongly to be 3.8.1948 at the time of giving papers for various welfare schemes in the year 2004. Accordingly, by the impugned order dated 17.4.2008 it has been ordered that whatever monetary benefits which the petitioner has received after the age of normal retirement from the respondent/employer should be recovered from the petitioner.
2. The impugned order dated 17.4.2008 reads as under:-
“CONFIDENTIAL
AIRPORTS AUTHORITY OF INDIA
DEPTT. OF PERSONNEL
No. AAD:PERS:CONF:OP – Attdt. (Apt.)/07/62
I.G.I. AIRPORT
NEW DELHI -110037
Dt. Apr. 17th, 2008
OFFICE ORDER
Sh. Om Prakash, Sr. Attdt. (Airport) s/o Sh. Fakira while filling the Bio-data Form at the time of joining in International Airports Authority of India furnished his date of birth as 21/03/1947.
2. In the year 2007, he had submitted Employees Declaration and Nomination Form obtained from the employees for the purpose of nomination and for various welfare schemes wherein he mentioned his date of birth as 03/08/1948. In the year June 2004 when Photo Identity Cards were prepared, he submitted his details with date of birth as 03/08/1948.
3. Shri Om Prakash, S/o Shri Fakira, Sr. Attendant (Airport), Employee No. 36404 manipulated his date of birth from 21.3.1947 to 03.08.1948 for malafide reasons and as per actual date of birth declared at the time of joining, he was to be retired from the services of AAI on 31/03/2007 whereas due to his manipulation, he has continued his services after 31.03.07.
4. A Show Cause Notice was issued to Sh. Om Prakash, Sr. Attdt. (Airport) S/o Sh. Fakira vide No: AAD/PERS/CONF/OP-Attdt.(Apt.)/07/1064 dated 11.12.07. He submitted his reply dated 18.12.07 which was not found satisfactory.
5. Sh. Om Prakash, Sr. Attdt. (Airport) was again advised vide letter dtd. 10.01.08, 01.02.08 & 03.03.08 to submit/show the original documents in support of his claim of his Date of birth. But he failed to submit any proof regarding his date of birth according to him i.e. 03.08.1948.
6. Shri Om Prakash, S/o Shri Fakira, Sr. Attendant (Airport) also submitted a letter dtd. 29.11.07 wherein he submitted that his date of birth is 21.3.1947. Being illiterate he mentioned his date of birth in his official records as 03.08.1948. He also apologized for his mistake.
7. After verification of official records, his submissions, Shr. Om Prakash, S/o Shri Fakira, Sr. Attendant (Airport) is deemed retired w.e.f 31.03.07 from the services of AAI. The final settlement of his dues will be done after settling the excess payment made to him after 31.3.07 towards salary etc.
Sd/-
(A.B. SAXENA)
SR. MANAGER (PERS.)
Residential Address :
Shri Om Prakash, S/o Shri Fakira,
D-22, Rajiv Park, Sagar Park, New Delhi – 110046”(underlining added)
3. At the outset, it is seen that dehors the merits in the case, the writ petition is grossly barred by delay and laches, inasmuch as, though the Limitation Act, strictly does not apply to a writ petition, the principals of limitation will apply for the purposes of application of doctrine of delay and laches for holding the writ petition not to be maintainable. The reason for this is obvious inasmuch as if a suit is barred by time and cannot be entertained then a writ petition under Article 226 of the Constitution of India on the same cause of action for the same reliefs cannot be filed so as to circumvent the law of limitation. When jurisdiction under Article 226 of the Constitution of India is invoked, the same is exercised for the purposes of enforcing the laws of the country, and not for defeating the laws of the country including the Limitation Act.
4. Accordingly for the abovesaid re
