LAWS(J&K)-2016-7-3

KHAJOOR SINGH Vs. UNION OF INDIA & ORS.

Decided On July 16, 2016
KHAJOOR SINGH Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) The writ petition is of the year 2001, admitted on 16.10.2001.

(2.) A preliminary objection has been raised that the discharge of the petitioner is of the year 1973 and the writ petition has been filed after a long period of time and, therefore, there is delay and laches.

(3.) Considering the nature of grievance of the petitioner, who was working in General Reserve Engineering Force Government Service (GREF) working in Border Areas at the time of Indo Pak War and subsequently in other high altitudes, high security zones and had suffered injury in the course of employment which rendered him medically unfit, this Court does not accept the plea for dismissal on the ground of delay and laches. This Court opines that in the facts of the present case on the plea of delay, the petitioner should not be non -suited. The preliminary objection is, therefore, overruled.