IMPORTANT POINT
A belated claim for service-related benefits is generally barred by delay and laches unless it arises from a continuing wrong, which was not established in this case.

JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Learned counsel for the parties are present.

2. This writ petition has been filed for the following reliefs:

“For issuance of a writ in the nature of mandamus commanding upon the respondents to revise pension of petitioner and other retiral benefits treating petitioner to be notionally appointed in the year 1998 in pursuance of recommendation of the District Compassionate Committee in its meeting dated 08.08.1998 and extending consequential benefits thereon and further treating the period from 09.09.1998 to 30.09.2001 as period for continuity in service for calculating pensionary benefits and other retiral benefits

AND

It is further prayed for direction upon respondents to release the arrear of difference of retiral benefits and pension of petitioner, along with statutory as well as penal interest, in pursuance the revision of pension and other retiral benefits of petitioner as prayed hereinabove.”

Arguments of the Petitioner.

3. Learned counsel for the petitioner submits that the petitioner was appointed on compassionate ground by virtue of the meeting of District Compassionate Committee on 08.08.1998, but the appointment letter was belatedly issued on 17.08.2001. She submits that the petitioner joined on 01.10.2001 and attained the age of superannuation on 31.12.2021.

4. The learned counsel further submits that as per Annexure- 2 to the writ petition, it is clear that few persons namely Anil Pandey and others were granted compassionate appointment prior to the petitioner pursuant to the District Compassionate Committee meeting held subsequently on 23.11.1998 and 24.11.1998 and the issuance of appointment letter to the petitioner was kept pending. She submits that therefore, the petitioner is entitled for the relief as prayed for in this writ petition.

5. The learned counsel for the petitioner has also submitted that the delay on the part of the petitioner will not come in the way in view of the judgment passed by the Hon’ble Supreme Court in the case of “Union of India and others Vs. Tarsem Singh” reported in (2008) 8 SCC 648. She has referred to paragraph 7 of the said judgment.

6. Learned counsel for the petitioner has further referred to paragraph 8 of the writ petition.

Arguments of the respondents.

7. Learned counsel for the respondents, on the other hand, has submitted that as per the counter-affidavit there was certain query in connection with the father’s name of the petitioner and the petitioner had filed a writ petition being CWJC No. 2350 of 2000(R) and such plea was taken by the respondents in the said writ proceedings also. He submits that considering the facts of the said case, an order dated 05.07.2001 was passed directing the respondents to issue appointment letter to the petitioner on the basis of the decision taken by the District Establishment Committee and immediately thereafter, the appointment letter was issued.

8. He has submitted that the petitioner accepted the appointment letter without any protest way back in the year 2001 and had joined and after attaining the age of superannuation in the year 2021, now the petitioner wants that initial date of his appointment should be shifted to the date on which the establishment committee had recommended the name of the petitioner. He submits that the claim of the petitioner suffers from delay and laches and the appointment was given pursuant to direction issued by this Court in CWJC No. 2350 of 2000(R).

Rejoinder arguments of the petitioner.

9. To this, learned counsel for the petitioner has submitted that the required enquiry in connection with the name of the father of the petitioner was undertaken prior to the date of recommendation by the establishment committee. She has relied upon a judgment passed by Hon’ble Division Bench of this Court in LPA No. 527 of 2012 (State of Jharkhand Vs. Sulochana Kumari and others) decided on 14th July 2014 (Annexure- 12 series) and also order passed in W.P.(S) No. 6702 of 2019 in th