Punjab-Haryana High Court
Jagroop Singh vs State Of Punjab And Others on 8 January, 2024
Neutral Citation No:=2024:PHHC:001037
2024:PHHC:001037
CWP-74-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
128 CWP-74-2024
Date of Decision: 08.01.2024
Jagroop Singh ...Petitioner
Versus
State of Punjab and Others ...Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:- Mr. Arjun Dev, Advocate for
Mr. Vivek K. Thakur, Advocate for the petitioner
Mr. Inderpreet Singh Kang, AAG, Punjab
***
JAGMOHAN BANSAL, J. (Oral)
1. The petitioner through instant petition under Articles 226/227 of
the Constitution of India is seeking direction to the respondents to re-fix
increment of the petitioner w.e.f. 01.01.2012 instead of 01.02.2012.
2. The case of the petitioner is that he was promoted from the post
of Constable to Head Constable in 2012. The petitioner was entitled to
increment w.e.f. 01.01.2012 but without seeking option from the petitioner,
the respondent fixed increment of the petitioner w.e.f. 01.02.2012.
Resultantly, every year, increment was extended to the petitioner w.e.f. 01st
February instead of 01st January. The State Government implemented
recommendations of 6th CPC w.e.f. 01.01.2016. The respondent, at that point
of time also granted increment w.e.f. 01st day of February instead of 01st day
of January. The petitioner retired in 2019. The petitioner came to know of this
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fact when he noticed that similarly situated retirees are getting more pension
than him.
3. The petitioner indubitably was in service from 2012 to 2019. The
respondent committed mistake, if any, in 2012. The petitioner continued to
accept increment w.e.f. 01st day of February every year and never raised any
grouse either before retirement or within reasonable period from his
retirement.
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, 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 Division Bench of this Court vide judgment dated 04.04.2018
in Kartar Singh v. Managing Director, HVPNL and others, CWP No.26962
of 2015, after noticing various judgments of Apex Court has dismissed similar
petition on the ground that writ petition has been filed after a long time from
the date of retirement.
6. A Coordinate Bench of this Court vide order dated 03.05.2015 in
Sandeep Kharab v. State of Haryana and others, CWP No.5965 of 2011;
order dated 04.09.2012 in Bal Krishan v. State of Punjab and others, CWP
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No.18498 of 2011 and order 29.11.2012 in Tarsem Pal v. Punjab State
Power Corporation Limited and others, CWP No.13965 of 2010 has
dismissed petitions on the ground that writ jurisdiction cannot be invoked at
the will and convenience of the litigant. Anyone who claims rights must be
vigilant and he must enforce his rights within reasonable time.
In the case in hand, the petitioner opted to remain silent from
2012 to 2019 i.e. during his service as well as 2019 to 2023 i.e. post
retirement. By his act and conduct, the petitioner acquiesced to action of the
respondents and waived off his right, if any.
7. In the wake of judgments of this Court and considering
inordinate delay on the part of petitioner, this Court does not find it
appropriate to invoke its extra-ordinary writ jurisdiction. The present petition
deserves to be dismissed and accordingly dismissed.
(JAGMOHAN BANSAL)
JUDGE
08.01.2024
Mohit Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:001037
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