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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAM RICHH PAUL KAKAR – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the order dated 05.12.2023 (Annexure P-10), whereby the respondents have granted the benefit of Assured Career Progression (ACP) Scheme on completion of eight years and nine years of service to the petitioner by taking his date of confirmation in Punjab Forest Service (Class-II) w.e.f. 01.09.2002 instead of ad hoc promotion date, whereas the junior to the petitioner stands promoted and confirmed w.e.f. 25.07.2000 i.e. the date of ad-hoc promotion and as such the respondents have created pay anomaly. Further, seeking a writ of mandamus, directing the respondents to decide the representations dated 29.08.2023 & 21.03.2024 (Annexures P-8 & P-9) submitted by the petitioner in a time bound manner; to consider the date of confirmation notionally in Punjab Forest Service from the date of ad hoc promotion i.e. 29.05.2000; to grant of benefit of the ACP scheme on completion of8 & 9 years of service by taking the date of confirmation notionally in Punjab Forest Service from the date of his ad hoc promotion i.e. 29
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
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