The doctrine of laches and the law of limitation bar the agitation of stale claims after an inordinate delay, as courts will not assist litigants who have been indolent and failed to exercise due diligence in a timely manner.

ORDER

Hon'ble Dr. Sumeet Jerath, Member (A) :

The instant OA has been filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs :-

“(a) Declare that the action / inaction of the respondents in not releasing / granting the pending annual increments (w.e.f. 1994 to 1998) of the applicant, is illegal and arbitrary. And

b. Direct the respondents to release the withheld annual increments (w.e.f. 1994 to 1998) to the applicant and consequently revise his pay accordingly and release the arrears (difference in pay and allowances) to him along-with all consequential benefits including interest @ GPF rate on the delayed payments. And

c. Direct the respondents to revise the pension and other retiral benefits of the applicant and further release the arrears (difference in pension and other retiral benefits) to him along with all consequential benefits including interest @ GPF rate on the delayed payments. And

d. Award cost in favour of the Applicant and against the respondents. And/ or

e. Pass any other order/direction which this Hon'ble Tribunal deem fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.”

The factual matrix of the case as per the counsel for the applicant is that the applicant joined service as a Pharmacist on 08.06.1981 under the Government of NCT of Delhi and continued in service until his retirement on 31.01.2022 from Jag Pravesh Chandra Hospital. During his service, he worked in various establishments including Lok Nayak Hospital, the Directorate of Health Services (West Zone), Central Jail Tihar, Acharya Shree Bhikshu Government Hospital, and Bhagwan Mahavir Hospital. The counsel contended that the applicant was not granted annual increments for the period from 1994 to 1998 despite having rendered regular service during that period for the reason that his original service book could not be retrieved/located by the respondents. According to him, the applicant repeatedly requested the respondents to reconstruct his missing service book and release the withheld increments. Although the respondents reconstructed Service Book Volume-II for the period from March 1999 onwards, they did not reconstruct Volume-I covering the period from 08.06.1981 to February 1999. The applicant asserted that because the respondents are the statutory custodians of service books under the applicable service rules, he cannot be denied his lawful financial benefits merely because the official records have been misplaced. After retirement, the applicant again pursued the matter. The respondents issued letters dated 28.03.2023 and 14.08.2024 asking him to furnish copies of orders relating to his suspension, revocation of suspension, treatment of suspension period, and penalty order. The applicant informed the respondents that he was not in possession of these documents and reiterated that all such records ought to be available with the departments concerned. As no effective decision was taken, the applicant filed the present OA seeking grant of annual increments for 1994–1998, revision of pay and pension, payment of consequential arrears with interest, and any other appropriate reliefs.

The counsel for the applicant argued assiduously on the following grounds :-

“1. The impugned action / order of the Respondents is contrary to Article 14, 16 and 21 of The Constitution of India.

2. Admittedly, the applicant has rendered service in the office of the respondents w.e.f. 08.06.1981 (date of joining) to 31.01.2022 (date of retirement). Therefore, the applicant is entitled for his annual increments for the above noted period.

3. The respondents admitted that the applicant was not granted his annual increments for the period w.e.f. 1994 to 1998 though he performed his duties in DHS (West Zone) and Central Jail, Tihar, Delhi.

4. The applicant is entitled for grant of his annual increments for the period w.e.f. 1994 to 1998 which are