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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Mohd. Sazrin – Appellant
Versus
H.P. University – Respondent
| Table of Content |
|---|
| 1. contractual appointments mandated for grant-in-aid charged posts. (Para 1 , 3) |
| 2. delay, laches, acquiescence bar stale service claims. (Para 2 , 5) |
| 3. selection process implies regular appointment from contractual date. (Para 4) |
JUDGMENT :
Jyotsna Rewal Dua, J.
The petitioner is presently aged 50 years. He has instituted the present writ petition seeking a direction to the respondent-University to treat him as a regular Driver (Heavy Vehicle) from the date of his appointment on contractual basis i.e. 23.05.2006.
2. Heard learned counsel for the petitioner and perused the case file.
3. The case.
3(i) The respondent-University issued a notice on 15.10.2005 (Annexure P-1) for recruitment to the post of Drivers. The said notice was based on a circular of even date inviting applications for the post of Drivers including one post of Heavy Vehicle Driver in the pay scale of Rs. 4020-6200/-. The relevant portion of the circular issued by the respondent-University reads as under: -
“Application on the plain paper are invited for the following posts of the driver as per the qualification and eligibility conditions given hereunder: -
Drivers (Heavy Vehicle) in the pay scale of Rs.
Contractual service cannot be backdated to regular from initial appointment despite prior selection, where government approved only contractual terms, accepted without protest; claim barred by 19-yea....
Delay and laches bar service claims, particularly where acquiescence and potential impact on third-party rights are involved.
Belated service claims for pay increments rejected due to unexplained delay, laches and acquiescence; prolonged inaction implies consent, barring relief to uphold administrative finality.
Belated post-retirement claim to switch from CPF to GPF pension rejected due to unexplained delay, laches, acquiescence by non-response to 2008 opportunity, and factual distinction from precedents on....
Court upheld appointment on a contractual basis as valid under R&P Regulations, citing petitioners' acceptance and principles of delay and acquiescence.
Claims for service regularization must be timely; significant delays can render them inadmissible due to laches.
A claim for family pension can be denied if the termination of employment was based on false documents and the challenge to that termination is barred by delay and acquiescence.
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