Delay and laches can bar a writ petition, and nonjoinder of necessary and proper parties can render a petition not maintainable.

JUDGMENT

Manmohan, J. - The petition has been heard by way of video conferencing.

2. Present writ petition has been filed challenging the letter dated 29th October, 2020 whereby respondents have allegedly arbitrarily rejected the petitioner s claim for correct fixation of his seniority at par with his batch-mates.

3. Petitioner also seeks a direction to the respondents to treat the petitioner s appointment, through LDCE-2007, to the post of SubInspector w.e.f. 18th September, 2007 instead of 03 rd April, 2010, and to promote him to the rank of Inspector w.e.f. 22nd February, 2011.

4. Learned counsel for petitioner states that the petitioner had been appointed to the post of Sub-Inspector belatedly on account of an erroneous medical board decision and his seniority was fixed from 03 rd April, 2010 instead of 18th September, 2007. He further states that on account of the erroneous fixation of seniority, the petitioner filed a representation dated 17th August, 2016 as well as issued a legal notice dated 28th February, 2020. However, the same were rejected vide letter dated 29th October, 2020.

5. Learned counsel for the petitioner submits that the respondent vide the impugned letter has disregarded the petitioner s prayer even though the law is settled that if a candidate s joining is delayed for reasons not attributable to the candidate but the employer, then the candidate cannot be deprived of his seniority. In support of his submission, he relies upon the judgment in Naveen Kumar Jha vs. Union of India,2012 SCCOnLine(Del) 5606 and M.V. Sheshagiri vs. Union of India & Ors., W.P.(C) 6275/2016.

6. A perusal of the paper book reveals that the petitioner has prayed that his appointment to the post of Sub-Inspector be treated from 18th September, 2007 instead of 03 rd April, 2010 on account of him erroneously being declared medically unfit. Consequently, this Court is of the view that the petitioner s cause of action, if any, to file the present writ petition arose on 03rd April, 2010, whereas the present writ petition had been filed on 15th December, 2020.

7. The Supreme Court in State of Madhya Pradesh and Another Vs. Bhailal Bhai & Ors., 1964 AIR(SC) 1006 has held that though there is no limitation for filing of the writ petition, yet period of three years may be taken to be a reasonable standard by which delay under Article 226 can be measured.

8. In the present case, the writ petition has been filed after more than ten years. Further, the petitioner s first representation on record is dated 17th August, 2016 i.e. after a gap of more than six years. Accordingly, its disposal vide letter dated 29th October, 2020 would neither extend the limitation nor condone the delay in approaching the authorities for redressal of his grievances. It has also been repeatedly held by the Supreme Court that repeated representations by the petitioner would not extend the time period to file the writ petition.

9. In fact, the Supreme Court in Chairman/Managing Director, U.P. Power Corporation Ltd. & Ors. vs. Ram Gopal,2020 SCCOnLine(SC) 101 has held that delay defeats equity and law favours the vigilant and not the indolent. The relevant portion of the said judgment is reproduced hereinbelow:-

16. Whilst it is true that limitation does not strictly apply to proceedings under Articles 32 or 226 of the Constitution of India, nevertheless, such rights cannot be enforced after an unreasonable lapse of time. Consideration of unexplained delays and inordinate laches would always be relevant in writ actions, and writ courts naturally ought to be reluctant in exercising their discretionary jurisdiction to protect those who have slept over wrongs and allowed illegalities to fester. Fencesitters cannot be allowed to barge into courts and cry for their rights at their convenience, and vigilant citizens ought not to be treated alike with mere opportunists. On multiple occasions, it has been restated that there are implicit limitations of time within which writ remedies c