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NAMIT KUMAR
Nahar Singh – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
JUDGMENT
Namit Kumar, J. (Oral)
Prayer in this 3rd writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for setting-aside the orders dated 28.04.2010 (Annexure P-4) and dated 17.01.2020 (Annexure P-3) passed by respondent No.2. Further a writ of mandamus has been sought for issuance of direction to the respondents to release the pensionary benefits i.e. leave encashment, gratuity, pension, GPF, etc., along with interest @ 18% per annum.
2. The brief facts, as have been pleaded in the present petition, are that the petitioner joined as Lower Division Clerk in the department on ad hoc basis on 15.02.1977 and thereafter, the services of the petitioner were regularized in year 1983. The petitioner used to remain absent from duty and therefore, the enquiry was conducted against him and in the enquiry report, it was recommended by the Enquiry Officer that the petitioner was not keeping good health and also produced medical documents to prove his illness, therefore, being satisfied with the said medical documents concluded that the absent period of the petitioner be treated as leave period as the pe
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
Claims for additional increments post-retirement are barred by delay and laches, emphasizing the need for timely action by employees.
A claimant is barred from seeking relief under Article 226 due to inordinate delay and laches, which denies any revival of stale claims.
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