108 CWP No.21468 of 2020 (O&M) 1
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
108 CWP No.21468 of 2020 (O&M)
Decided on:18.01.2021
Satyanarayan ... Petitioner
Versus
State of Haryana and others ... Respondents
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA
Present: Mr. Vineet Kumar Jakhar, Advocate
for the petitioner.
Mr. R.K.S. Brar, Additional AG, Haryana.
(The proceedings are being conducted through video
conferencing, as per instructions.)
G.S. Sandhawalia, J. (Oral)
CM-653-CWP-2021 Application under Section 151 of CPC for placing on record copy of judgments as Annexure P-8 and P-9 is allowed subject to all just exceptions.
CM stands disposed of.
Main case The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 26.06.2004 (Annexure P-5) passed by respondent No.4 whereby deemed date of promotion to the rank of Sub Inspector has been rejected.
The cause of action as sought to be revived by the petitioner 1 of 2 ::: Downloaded on - 18-01-2021 21:42:17 ::: 108 CWP No.21468 of 2020 (O&M) 2 by serving a legal notice dated 06.11.2020 (Annexure P-6) after a period of 16 years and then filing the writ petition seeking such direction.
Keeping in view the delay as such this Court is not inclined to entertain the writ petition on the ground of delay and laches as admittedly the petitioner had retired from the service on 30.11.2000. He had also approached the Civil Court on 05.03.2005 (Annexure P-8) for payment of interest on delayed payment of his retrial benefits. If the petitioner had any grudge as such against the order 26.06.2004 (Annexure P-5) he could have raised challenge to the said order at that point of time. Having failed to do, he has filed the writ petition at this belated stage and seeks a relief of consideration for such belated claim.
Accordingly, this Court does not deem it fit to exercise its extraordinary jurisdiction in the facts and circumstances of the case.
Faced with this situation counsel submitted that he would avail the alternative remedy. It is open to the petitioner to exercise the same in case it is legally tenable.
The present writ petition is disposed of.
(G.S. SANDHAWALIA)
18.01.2021 JUDGE
Parveen
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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