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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
Kerala State Road Transport Corporation – Appellant
Versus
K.N. Sreenivasan, S/o. Narayanan – Respondent
JUDGMENT :
Sushrut Arvind Dharmadhikari, J.
The present intra-court appeal filed under Section 5 of the KERALA HIGH COURT ACT , 1958 arises out of the judgment dated 25.01.2011 passed in W.P.(C) No.2516 of 2011 whereby the learned Single Judge has disposed of the writ petition holding that the respondents are entitled to the arrears of 1997 pay revision effected in the appellant-Corporation from 01.03.1997 till 31.10.1999 or the respective date of their retirement, whichever is earlier.
2. The present appeal has been filed with a delay of 907 days, for condonation of which C.M.Appln.No.1 of 2013 has been filed. The reasons assigned for the delay in filing the appeal is that, immediately after obtaining certified copy of the judgment, earnest efforts were made by the appellant-Corporation to pay the amount and for the said purpose, necessary request was forwarded to the Government for sanctioning the required fund, and ultimately the entire pay revision arrears were disbursed to the respondents herein.
The delay occurred solely due to administrative sanctions at various levels and that only after complying with the judgment of the learned Single Judge, the writ appeal would be filed.
3
Inordinate delay in filing appeal lacks satisfactory explanation, mandating dismissal under principles of delay and laches, emphasizing that delay defeats equity.
Inordinate delay of 17 years in filing a writ petition can preclude relief under Article 226, emphasizing the principle that delay defeats equity.
Point of Law : Doctrine of delay and laches should not be lightly brushed aside. A writ court is required to weigh the explanation offered and the acceptability of the same. The court should bear in ....
Inordinate delay in filing a writ petition under Article 226 can bar relief, emphasizing that applicants must act within a reasonable timeframe to preserve their rights.
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
Inordinate delay in filing petitions without reasonable explanation can lead to dismissal, emphasizing the importance of promptness in asserting rights under Articles 32 and 226.
Point of Law : Limitation - Delay/Latches - Doctrine of laches in Courts of Equity cannot be said to be a technical doctrine and has to be examined on peculiar facts and circumstances of each case. D....
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