Petition dismissed due to suppression of material facts and lack of supporting documentation for the claimed service benefits, affirming the need for 'clean hands' in legal claims.

ORDER :

1. How the greed of a person can lead him to suppress even the most important facts can be seen from this petition. This is the third attempt of the petitioner, and as the petitioner could not succeed on the earlier two occasions, this petition is preferred.

2. By way of this petition, by suppressing the material facts, which I shall be incorporating in the later part of the order, the petitioner has prayed for the following relief:

a. That this Hon'ble Court may be pleased to admit and allow this petition.

b. That this Hon'ble Court may be pleased to issue writ of or in nature of, Mandamus or any other appropriate writ, order or directions directing the respondent authorities to pay service benefits i.e. benefits of 4th, 5th and 6th Pay Commission respectively, 3% Increment in salary every year for the period commencing from 1979 to 2008, Pension, Group Insurance, commuted pension and provident fund benefits and further higher pay scale on completion of service of 9, 18 and 27 years, outstanding last three months' salary before retirement as well as directions to respondent authorities to make entry regarding passing of examination of supervisor in petitioner's service book and to fix the salary on the basis of supervisor as well as to pay difference of amount of Rs. 2,68,437/- for the period commencing from 01.01.2006 to 01.10.2008 as per calculation provided in application at Annexure-I and after fixing all above referred benefits to direct the respondent authorities to pay the revised amount of pension as well as to pay the amount of Gratuity, provident fund, group insurance and any other arrear of salary etc. as per the law along with 9% interest in the interest of justice.

c. That this Hon'ble Court may be pleased to quash and set aside the decision dated 28.10.2022 of the respondent authorities of considering increments from the year 1979 to 2008 as 'notional' as per entry reflected in petitioner's service book, as well as to quash and set aside the decision to consider the new pay fixation as notional for the period from 01.01.2006 to 01.10.2008 as per Annexure-I and further be pleased to quash and set aside decision date 28.10.2022 at Annexure-L.

d. That this Hon'ble Court may be pleased to issue a writ in the nature of mandamus or any other appropriate writ or appropriate directions to respondent authorities directing them to complete the service book of the petitioner.

e. That this Hon'ble Court may be dispensed with the original/Certified copy of the decision dated 28.10.2022 at Annexure-L as the petitioner has annexed the letter as received by the petitioner from the respondent authorities.

f. That this Hon'ble Court may be pleased to pass such further and other orders or directions as the nature and circumstances of the case may require in the interest of justice.

3. Heard learned advocate, Mr. Hannan Qureshi. A perusal of the prayer creates an impression as if the petitioner has been meted out with great injustice. However, a close scrutiny of the annexures indicates that the petitioner has not approached this Court with clean hands and, despite being fully aware of the facts and the reasons for which the reliefs as prayed for could not be granted, the petitioner has projected her case as if she is a victim of the system and that, despite her entitlement, the benefits which ought to have been granted to her have not been extended.

4. The facts of the petitioner, as stated by learned advocate Mr. Hannan Qur