IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14382-2025 Date of Decision: 19.05.2025 DHANRAJ ......... Petitioner Versus STATE OF HARYANA AND ANOTHER ..... Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present : Mr. Navmohit Singh, Advocate for the petitioner.

Ms. Rajni Gupta, Addl. AG, Haryana.

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JAGMOHAN BANSAL , J. (Oral)

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 16.07.2012 (Annexure P-2) whereby he was refused to grant extension of tenure of service beyond the age of 55 years.

2. The petitioner by impugned order dated 16.07.2012 was ordered to retire in terms of Rule 3.26 (d) of Punjab Civil Service Rules (as applicable to State of Haryana). The impugned order was passed 13 years back.

3. On the asking of reason of inordinate delay in assailing impugned order, learned counsel for the petitioner submits that similarly situated employees were allowed to continue despite not passing typing test. The impugned order has recurring effect because petitioner’s pension is affected because of premature retirement. The petitioner, at the most, could be reverted instead of being made to retire.

4. No hard-and-fast rule can be laid down as to when the High Court should refuse to exercise its jurisdiction in favour of a party who moves it after considerable delay and is otherwise guilty of laches. Discretion must be exercised judiciously and reasonably. In the event that the claim made by the applicant is legally sustainable, delay should be condoned. Where illegality is manifest, it cannot be sustained on the sole ground of laches. When substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserves to be preferred. State cannot deprive vested right because of a non-

deliberate delay.

5. A two Judge Bench of Supreme Court recently in ‘Mrinmoy Maity Vs. Chhanda Koley and others’ 2024 SCC OnLine SC 551 has held that High Court ought to dismiss petition on the ground of delay and laches where there is no explanation of delay. An applicant who approaches the Court belatedly or in the other words sleeps over his rights for a considerable period ought not to be granted the extraordinary relief by writ Courts. Delay defeats equity. High Court may refuse to invoke its writ jurisdiction if laxity on the part of applicant has allowed the cause of action to drift away and attempts are made to rekindle the lapsed cause of action. Multiple communications cannot create cause of action. The relevant extracts of the judgment are reproduced as below:

“9. Having heard rival contentions raised and on perusal of the facts obtained in the present case, we are of the considered view that writ petitioner ought to have been non- suited or in other words writ petition ought to have been dismissed on the ground of delay and latches itself. An applicant who approaches the court belatedly or in other words sleeps over his rights for a considerable period of time, wakes up from his deep slumber ought not to be granted the extraordinary relief by the writ courts. This Court time and again has held that delay defeats equity. Delay or latches is one of the factors which should be born in mind by the High Court while exercising discretionary powers under Article 226 of the Constitution of India. In a given case, the High Court may refuse to invoke its extraordinary powers if laxity on the part of the applicant to assert his right has allowed the cause of action to drift away and attempts are made subsequently to rekindle the lapsed cause of action.

10. The discretion to be exercised would be with care and caution. If the delay which has occasioned in approaching the writ court is explained which would appeal to the conscience of the court, in such circumstances it cannot be gainsaid by the contesting party that for all times to come the delay is not to be condoned. There may be myriad circumstances which