Mohd. Sajid Ali, Hyd v. Prl Secy, Home (Police) Dept., Hyd And 3 Others

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WP (TR) No.452 of 2017

ORDER

None appears for the petitioner.

The petitioner was appointed as Police Constable in the year 1968. He was promoted as Head Constable in the year 1975 and as Sub Inspector of Police on OS basis in the year 1983 and his services were regularized, as such, in the year 1985. Thereafter, he was deputed to Vigilence and Enforcement Department and he joined therein in the year 1989. When he was suffering from ill-health, he applied for leave, which was sanctioned for 30 days from 1.9.1989. After completion of the said period, the petitioner extended leave, which was also sanctioned. Ultimately, the petitioner sought for retirement on medical grounds on 1.1.1990. It is stated that in the normal course, he would have attained the age of superannuation by 31.1.2008. Challenging the action of respondents 2 to 4 in not retiring the petitioner on medical grounds, the petitioner filed Original Application No.2735 of 2013 before

the Andhra Pradesh Administrative Tribunal and now, it is transferred and numbered as WP(TR) No.452 of 2017. In the original application, no where it is stated with regard to the delay in approaching the Tribunal nearly after 23 years of his making application for retirement on medical grounds, which was not considered. Though he has stated that he would have retired on attaining the age on 31.1.2008, no grounds were shown for approaching the Tribunal after expiry of five years from the said date.

In the circumstances, this Court sees no ground to entertain the writ petition as it is hopelessly barred by limitation. Accordingly, the Writ Petition is dismissed on the ground of laches. No costs.

________________________ JUSTICE A.RAMALINGESWARA RAO 23rd November, 2017 rkk