Court Applies Doctrine of Delay and Laches to Bar Relief for Stale Claims Post-Retirement
In a recent judgment, the Punjab and Haryana High Court dismissed a writ petition filed by Ajit Singh against the Punjab Mandi Board, citing the doctrine of delay and laches. The petitioner sought pay refixation and consequential arrears of pay, claiming his basic pay was incorrectly fixed in 1996 under the Revised Pay Rules, 1998. However, the court found that the petitioner failed to raise the issue during his service tenure and only made formal representations years after retirement, thus rendering the claim stale.
Ajit Singh, who retired as a Mandi Supervisor in 2017, argued that his pay was wrongly fixed at Rs. 6,000 instead of Rs. 6,200 due to an ungranted increment. Despite internal communications acknowledging the anomaly, he did not pursue timely legal action, submitting his first representation in 2024, followed by a legal notice in 2025.
The court emphasized the importance of timely action, referring to precedents from the Supreme Court that discourage indolent litigants and uphold the principle that "delay defeats equity." Notably, while issues regarding pay fixation during service are considered a continuing wrong, allowing fresh cause of action with each salary payment, this benefit ceases post-retirement.
Justice Harpreet Singh Brar, presiding over the case, concluded that the petitioner’s delay and lack of plausible explanation for the delay precluded relief under Article 226 of the Constitution. The judgment underscores the court's reluctance to exercise discretionary jurisdiction for petitioners who have not diligently pursued their rights within a reasonable timeframe.
Bottom Line:
The doctrine of delay and laches applies to writ petitions filed under Article 226 of the Constitution. Claims related to pay fixation must be raised during service tenure, as post-retirement delay can render them stale or dead.
Statutory provision(s): Article 226 of the Constitution of India
Ajit Singh v. Punjab Mandi Board, (Punjab And Haryana) : Law Finder Doc id # 2849089
