Back
PUNJAB & HARYANA HIGH COURT
J.S.Khehar and Satish Kumar Mittal JJ.
Ram Dhan
Versus
State
Civil Writ Petition No. 2093 of 2006,
Decided On : FEBRUARY 10, 2006
Regularisation - Delay and Laches - The court dismissed the writ petition seeking retrospective regularisation of services due to delay and laches.
Fact of the Case:
The petitioner sought retrospective regularisation of services dating back to 1974, despite the services being regularised in 1985. The court noted that the petition was filed more than 20 years after the regularisation order.
Finding of the Court:
The court found no justification in entertaining the writ petition due to delay and laches, stating that even a civil suit would not be competent to address the grievance due to the law of limitation.
Issues: Delay and laches in seeking retrospective regularisation of services.
Ratio Decidendi: The court's decision was influenced by the law of limitation and the significant delay in seeking retrospective regularisation.
Final Decision: The writ petition was dismissed for reasons of delay and laches.
J. S. Khehar, J.
1. The sequence of events narrated in the writ petition reveals that the services of the petitioner were regularised by an order dated 6.3.1985. Through the instant writ petition, the petitioner claims regularisation retrospectively with effect from 23.4.1974 i. e. when the petitioner completed one years service with the respondents. It is, therefore, apparent that the petitioner, in sum and substance, is impugning the order of his regularisation dated 6.3.1985. The order dated 6.3.1985 was passed more than 20 years before the filing of the instant writ petition.
2. Even a civil suit is not competent to redress the grievance of the petitioner in view of the law of limitation.
3. For the reasons recorded above, we find no justification in entertaining the instant writ petition for reasons of delay and laches. Dismissed for reasons of delay and laches.
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
