Avinash Kumar v. State Of Punjab And Others

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 20472 of 2022 Date of Decision: 13.02.2023 Avinash Kumar ... Petitioner(s)

Versus

The State of Punjab and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Vishal Nehra, Advocate for the petitioner(s).

Mr. Vikas Arora, Assistant Advocate General, Punjab, for the respondent No.1 to 3.

Anil Kshetarpal, J.

1.

The petitioner, after having joined the service as a Cleaner in the Punjab Roadways on 25.08.1982, has already retired on attaining the age of superannuation on 31.12.2015. The petitioner prays for the writ in the nature of mandamus to direct the official respondents to grant the benefit of pay-scale as a Technician Grade-3 w.e.f. 10.09.1997 which is alleged to be given to the junior employee.

2.

Heard the learned counsel representing the petitioner, at length and with his able assistance, perused the paper-book. 3.

In the considered view of this Court, the present writ petition suffers from delay and laches. The petitioner is claiming the benefit from the year 1997, whereas, he has filed the writ petition in the year 2022 i.e. after a period of seven years from the date of his retirement. If the petitioner was to file a civil suit for the same relief, the same is likely to be dismissed being DEEPAK KUMAR BHARDWAJ 2023.02.16 11:07 I attest to the accuracy and integrity of this document

Civil Writ Petition No. 20472 of 2022 barred by limitation.

4.

In view of the aforesaid, this Court does not find it appropriate to exercise its extraordinary writ jurisdiction. Consequently, the present writ petition is dismissed.

(Anil Kshetarpal) Judge February 13, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.02.16 11:07 I attest to the accuracy and integrity of this document