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2023 Supreme(Del) 1215
IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Brij Kishore Gupta – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 12087 of 2022
Decided On : 02-03-2023
Mr. P.M. Tiwari and Mr. Manoj Kr. Gupta, Advocates, for the Petitioner.
Mr. Ved Prakash Tripathi, Senior Panel Counsel with Mr. Girjesh Kumar Narula, Advocate, for the Respondent-1.
The main legal point established in the judgment is the application of the doctrine of delay and laches in seeking relief, emphasizing the need for vigilance in prosecuting rights and the unjust nature of allowing a stale claim after over a decade, especially when the relevant notification was in the public domain from the date of its publication.
Headnote:
Delay and Laches - General Insurance - Provisions of General Insurance (Rationalisation of Pay Scales and other Conditions of service of Officers) Amendment Scheme, 2010 - [S.O. No.2470(E), Notification, 2010, Circular dated 18.10.2010] - The court dismissed the writ petition seeking quashing of Administrative Instructions for implementation of the Provisions of General Insurance (Rationalisation of Pay Scales and other Conditions of service of Officers) Amendment Scheme, 2010, as the relief claimed was barred by delay and laches. The petitioner's claim for higher pay and allowances under the Notification, 2010 and Circular dated 18.10.2010, after 13 years, was found to be unjust towards both the previous and current employers.
Fact of the Case:
The petitioner sought quashing of Administrative Instructions for implementation of the Provisions of General Insurance (Rationalisation of Pay Scales and other Conditions of service of Officers) Amendment Scheme, 2010, claiming discriminatory restrictions on the benefit of the Scheme. The petitioner joined NICL in 2007, left in 2010, and later joined the Ministry of Defence. The petitioner learned of the Notification and Circular in 2020 and filed the writ petition seeking relief.
Finding of the Court:
The court found that the relief claimed was barred by delay and laches, as the petitioner's claim for higher pay and allowances under the Notification, 2010 and Circular dated 18.10.2010, after 13 years, was unjust towards both the previous and current employers.
Issues: The issues involved delay and laches in seeking relief, entitlement to higher pay and allowances under the Notification, 2010 and Circular dated 18.10.2010, and the impact on the petitioner's current employment.
Ratio Decidendi: The court applied the doctrine of delay and laches, emphasizing the need for vigilance in prosecuting rights and the unjust nature of allowing a stale claim after over a decade, especially when the Notification, 2010 was in the public domain from the date of its publication.
Final Decision: The writ petition was dismissed as the relief claimed was found to be barred by delay and laches, and permitting the petitioner's claim after 13 years was deemed unjust towards both the previous and current employers.
JUDGMENT
Jyoti Singh, J. (Oral)--Present writ petition has been filed seeking quashing/setting aside of Administrative Instructions for implementation of the `Provisions of General Insurance (Rationalisation of Pay Scales and other Conditions of service of Officers) Amendment Scheme, 2010, as being discriminatory as they restrict the benefit of the Scheme to employees who left National Insurance Co. Ltd. (`NICL') and joined other Government Departments between 01.08.2007 to 08.10.2010. A direction is also sought to the Respondents to release the retirement benefits arising out of enhanced pay and allowances under the said Notification dated 08.10.2010 as well as Circular of NICL dated 18.10.2010.
2. Petitioner joined the NICL on 04.06.2007 as an Administrative Officer and left the organisation on 17.06.2010. Petitioner thereafter joined as Ordinance Officer in the Ministry of Defence on 29.06.2010, upon being selected through an examination conducted by UPSC in the year 2008.
3. A Gazette Notification being S.O. No.2470(E) was issued on 08.10.2010 (hereinafter referred to as `Notification, 2010) providing for revision of scales of pay and allowances of Class-I Officers in NICL. Pursuant to the Notification, 2010, Administrative Instructions were issued on 18.10.2010 for implementation of the Notification, 2010. As per para 2 of the Circular dated 18.10.2010, which deals with `eligibility', the Notification, 2010 applies to all Class-I Officers who were in service as on 01.08.2007 and continue to be in service on the date of the issue of the Notification, 2010 or those who were in service on 01.08.2007 and died/retired/superannuated or sought voluntary retirement thereafter and also applies to those who were appointed on any date after 01.08.2007.
4. Grievance of the Petitioner is that he had served NICL between 04.06.2007 to 17.06.2010 and joined Ministry of Defence after obtaining NOC from NICL and through proper channel. Being an erstwhile employee of NICL, he is entitled to pay revisions notified by the Notification, 2010 dated 08.10.2010 read with Circular dated 18.10.2010. The Circular has been given effect from 01.08.2007 when the Petitioner was in service of NICL and therefore he cannot be deprived of the higher pay scales. It is submitted that the Petitioner could not approach the Court earlier as he was unaware of the Notification, 2010/Circular and learnt of the same only recently through a friend in October, 2020.
5. When the writ petition was first listed on 22.08.2022, following order was passed by the Court, requiring the Petitioner to explain why the writ petition should not be dismissed on ground of gross delay and laches:
"...
3. The petitioner seeks to assail the provisions of General Insurance (Rationalization of Pay Scales and other Conditions of service of Officers) Amendment Scheme 2010.
4. At the outset, it has been put to learned counsel for the petitioner as to why the present petition should not be dismissed on the ground of gross delay and latches especially when it is an admitted position that the petitioner was well aware of the impugned scheme in the year 2010 itself. He prays for and is granted four weeks' time to examine the issue and file an additional affidavit.
5. List on 18.01.2023."
6. Pursuant to the said order, an additional affidavit had been filed by the Petitioner. It is stated in the affidavit that since the Petitioner had joined Ministry of Defence after leaving NICL, he was unaware of the Notification published or circulated in NICL as the same was not published outside the said Institution and learnt of the same only in the month of October, 2020 through a friend. It is further stated that claims relating to pay scales give rise to continuing cause of action or successive wrongs and Courts have repeatedly held that in cases of continuing or successive wrongs, delay and laches or limitation will not thwart the claim as long as the claim, if allowed, does not have adverse repercussio
