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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SATYEN VAIDYA, J.
Tara Chand - Appellant
Versus
State of H.P. and others - Respondents.
CWPOA No. 3493 of 2019
Decided on : 09-05-2025
(A) Constitution of India - Article 14 - Equal pay for equal work - The petitioner sought regularization as Clerk and back wages from 1993, claiming he performed Clerk duties since that time - The court found that while the petitioner had been performing Clerk duties, his claim was barred by delay and laches due to the lack of timely legal action. (Paras 2, 13, 16)
(B) Delay and Laches - The court emphasized that the petitioner failed to provide a satisfactory explanation for the 20-year delay in seeking relief, which undermined his claim. (Paras 14, 16)
Facts of the case:
The petitioner was appointed as 'Basta Bardar' in 1990 and claimed to have been performing Clerk duties since 1993. He sought regularization and back wages, but his claims were rejected by the respondents, leading to this petition. (Paras 2, 5)
Findings of Court:
The court acknowledged the petitioner's duties but ruled that the claim was barred by delay and laches, as the petitioner did not explain the long delay in seeking relief. (Paras 16)
Issues: The main issues were whether the petitioner could be granted relief for regularization and back wages despite the significant delay in filing the petition. (Paras 13, 16)
Ratio Decidendi: The court held that the petitioner’s claim was not maintainable due to the lack of timely action and the absence of a reasonable explanation for the delay, emphasizing the principle of delay and laches in legal claims. (Paras 14, 16)
Result: Petition dismissed.
JUDGMENT :
Satyen Vaidya, J.
The instant petition has been filed by the petitioner for the grant of following substantive reliefs:
“i) That the respondent may very kindly be directed to consider the petitioner for regularization as Clerk from the date of performing duties of Clerk.
ii) That the respondent may be directed to pay wages of the Clerk w.e.f. 1993 from the date he is working as Clerk on the principal of equal pay for equal work.
iii) That the respondent may further be directed to grant/release all benefits of regularization and arrears thereof along with interest @ 18% per annum.”
2. The case as set-up by the petitioner is that he was appointed as ‘Basta Bardar’ in February 1990. The petitioner had been made to discharge the duties of Clerk since 1993 when the post of Clerk had become vacant on retirement of Sh. Balak Ram. As per petitioner, he was discharging the duties of Copyist by preparing the copies of Mutations, Jamabandis, Missal- Hakiat, Field-book etc. In addition, he had been appearing before the Courts with the records of the Department as and when required and had also been maintaining P.R. Registers. It has also been averred that the petitioner while discharging the duties of Clerk had been making entries in Record Register No.12.
3. The petitioner filed CWP No. 356 of 2013 claiming the benefits of the post of Clerk since the year 1993, which came to be decided on 10.01.2013 with directions to the respondents to decide the representation of the petitioner. The respondents rejected the petitioner’s case, which forced the petitioner to again approach this Court by way of CWP No.4552 of 2013. The rejection order passed by the competent authority was quashed and set-aside and directions were issued to the respondents to consider the representation of the petitioner afresh.
4. In compliance, the Principal Secretary-cum-Financial Commissioner (Revenue), Govt. of Himachal Pradesh, allowed the representation of the petitioner vide order dated 05.03.2014 and recommended the appointment of petitioner as Clerk with immediate effect against a vacant post. The order was made prospective and petitioner was held entitled to the benefit of the post from the date of his joining. As a sequel to aforesaid order passed by the Principal Secretary-cum-Financial Commissioner (Revenue), respondent No.3 issued office order dated 22.03.2014 appointing the petitioner as Clerk in the pay scale of Rs.5910-20200 + 1900/- Grade Pay (PB-II) with immediate effect.
5. Aggrieved against the orders appointing the petitioner as Clerk with prospective effect, the instant petition has been filed and it has been claimed that petitioner is entitled to be appointed as Clerk w.e.f. 1993. A prayer has also been made to grant back wages.
6. The respondents have filed their reply. It has been admitted that the petitioner had been discharging the duties of Clerk, however, respondents have taken a stand that the petitioner had unauthorisedly been doing so without there being any order from the competent authority.
7. The petitioner filed rejoinder by reiterating his stand in the petition. Along with rejoinder, the petitioner placed on record certain documents to show that he had been working as Clerk.
8. The petitioner has also placed on record a communication dated 18.02.2013 from the Director Land Records, Himachal Pradesh to the Additional Chief Secretary (Rev.) to the Govt. of Himachal Pradesh as Annexure P-6.
9. I have heard learned counsel for the parties and have also gone through the records of the case carefully.
10. Admittedly, the petitioner has been appointed as Clerk vide office order dated 22.03.2014 with prospective effect. The said order of appointment has been issued in compliance to order dated 05.03.2014 passed by the Principal Secretary-cum-Financial Commissioner (Revenue) to the Government of Himachal Pradesh and the said order had been passed in compliance to the order dated 03.07.2013 passed by this Court in CWP No. 4552 of 2013, which read
Claims for regularization and back wages can be barred by delay and laches if no satisfactory explanation for the delay is provided.
The court ruled that claims for employment adjustment must be timely and supported by sufficient evidence, particularly when initial appointments are disputed.
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The main legal point established in the judgment is the entitlement of employees to be regularized against the posts they were initially engaged in, and the relevance of prompt action in seeking lega....
Order of oral Termination - Quash of - Competent Authority shall examine the matter and pass appropriate order at the earliest.
The main legal point established is that petitioners appointed on compassionate grounds are entitled to the regular scale of pay from their initial date of appointment based on relevant Government Re....
Cadre or ex-cadre posts - When there is no statutory provision or there is no statutory appeal provided, the period of limitation would not get extended. Law does not permit extension of period of li....
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