IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CWP No. 11206 of 2012

Date of Decision : 30.7.2012

Smt. Sudesh Kumari

........ Petitioner

Versus

The Director of Secondary Education, Haryana and others

..... Respondents

CORAM:

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Present:-

Mr. P.L. Verma, Advocate,

for the petitioner.

AUGUSTINE GEORGE MASIH, J. (ORAL)

Petitioner has approached this Court impugning the order dated

5.4.2004 (Annexure-P-3), vide which the Higher Standard Pay Scale/ACP

Scale granted to her stands withdrawn on the ground that she had foregone

her promotion as a Middle/High Head on 8.2.1994.

Counsel for the petitioner has placed reliance upon the

Instructions dated 3.4.1998, according to which it is stated that the

employees who have already granted the benefit of ACP on foregoing their

claims, shall not be re-opened. The fact remains that before withdrawing the

ACP grade granted to the petitioner, petitioner was given a Show Cause

Notice dated 13.2.2004 (Annexure-P-1), to which petitioner submitted her

reply on 20.2.2004 (Annexure-P-2), which was duly considered and resulted

in passing the impugned order dated 5.4.2004 (Annexure-P-3). Petitioner has

chosen to challenge this order after a period of more than eight years. There

is no explanation for approaching this Court after such an inordinate delay.

CWP No. 11206 of 2012

-2-

The matter which has been finalized, cannot be re-opened after an inordinate

delay of eight years especially when there is no explanation for not

challenging the impugned order earlier.

Dismissed.

(AUGUSTINE GEORGE MASIH)

JUDGE

30.7.2012

sjks