The doctrine of delay and laches can lead to the dismissal of a writ petition, as established in this judgment.

1. Petitioner, consequent upon his selection by J&K Public Service Commission, vide Government Order No. 811/G/1982 dated 10th November 1982, was appointed as Assistant Surgeon. He proceeded on 30 days' leave from 28th March 1988 and after availing said leave, he extended his leave by further period of 60 days, to which sanction was not granted in view of shortage of doctors. Petitioner was asked to resume his duties but he did not resume his duties and continued to remain absent even after expiry of 60 days, for which he had earlier applied. Petitioner was relieved from Medical College, Srinagar, with a direction to report to Director, Health Services, Kashmir. Petitioner, after having been relieved from Medical College, Srinagar, continued to remain on unauthorized absence and did not join Health Department. He remained absent from 1988 to 1999. It was on 14th October 1999 that a final show cause notice was issued by respondent department to petitioner regarding his unauthorized absence and asked to reply within 21 days. Petitioner appears to have responded to show-cause notice dated 14.10.1999. The respondent department, after that, considered petitioner's case on the lines of Government Order No. 183-HME of 2000 dated 07.04.2000, whereby it is provided that in such type of cases, the applicant be permitted to join but should be treated as "fresh appointee", followed by Government Order No. 473-H&ME of 2000 dated 7th August 2000, appointing petitioner as a "fresh appointee" (Assistant Surgeon) and posted in Sub District Hospital, Kulgam.

2. Petitioner has now come up with writ petition on hand on the grounds that while working as Assistant Surgeon in respondent department he on 28.03.1988 proceeded on 30 days' leave and thereafter sought its extension by 60 days. The petitioner also states in his petition that he submitted so many applications to Principal for extension of his leave and that he believed that leave might have been granted/extended in his favour. It is also made mention of that Principal/Dean vide No. GS-aCR/290-94 dated 16.5.1998 had allegedly directed petitioner to resume duties forthwith which fact came to his knowledge through a show cause notice issued by respondent no. 1 vide No. DIPK. No. 5498-99 dated 14.10.1999. On some improvement, according to petitioner, in the situation of Kashmir, he filed an application to respondent no. 1 on 31st May 1999, to allow him to join his duty as his services had neither been terminated nor the post filled and sought same treatment as given to similarly circumstanced doctors. It is averred that instead of allowing petitioner to join the service, respondent no.1 issued show cause notice on 14th October 1999, asking him to show cause within 21 days, to which petitioner filed his Reply on 28th October 1999. It is stated that petitioner vide Government order No. 495-HME of 2000 dated 7.8.2000, was allowed to rejoin the service, in which a stipulation was kept that his appointment shall be treated as fresh appointment. It is also averred that petitioner was left with no option but to rejoin the duty in terms of order dated 7.8.2000. Petitioner also maintains in his petition that vide Government order No. 654-HME of 2001 dated 17.09.2001, he came to be promoted as Consultant Pediatrics. A representation on 14.08.2012, according to petitioner, was made by him to respondents for restoring the service break and treating him as an appointee from September 1982 in the same manner as has been applied in respect of other similarly circumstanced doctors. It is pleaded that vide letter No.Est/3/1-133/2304 dated 28.09.2012, it has been informed that petitioner was initially appointed as Medical Officer in respondent department and after remaining on unauthorized absence, he was allowed to rejoin the department as "fresh appointee" as Medical Officer vide Government Order N0.495-HME of 2000 dated 07.08.2000 and was posted at SDH Kulgam and that thereafter petitioner was appointed as Co

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