- (1.) The instant appeal under Clause X of the Letters Patent is directed against order dated 14.10.2009 rendered by the learned Single Judge of this Court holding that the writ petitioner-appellant was not entitled to raise the plea of non-grant of increments as in the earlier writ petition filed by him, namely, CWP No. 2402 of 2005, decided on 21.2.2005, the relief was available but no such relief was claimed. Therefore, the learned Single Judge applied the principle of Order 2 Rule 2 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') and held that a relief which should have been claimed and having not been claimed would be deemed to have been claimed and rejected.
(2.) The learned Single Judge also referred to an award dated 31.1.1997 (P-1) passed by the Labour Court, Patiala, in which the aforesaid relief stand already granted to the writ petitioner-appellant. He had earlier filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 (for brevity, 'the Act') and benefit of annual grade increments w.e.f. 1.1.1981 till the date of filing of the application before the Labour Court stood granted. The award further directed payment of arrears of increments to the writ petitioner-appellant. The fixation of pay in the revised pay scale was also ordered by the Labour Court. Accordingly, the relief in that regard was declined.
(3.) The other prayer made by the writ petitioner-appellant was that he was entitled to be considered for promotion on the post of Assistant Executive Engineer with effect from 28.6.2002 when his junior Shri Manjit Singh was promoted. The learned Single Judge repelled the aforesaid contention of the writ petitioner-appellant by holding that there is delay and laches. A reference has been made to the direction issued on 21.2.2005 by a Division Bench of this Court while disposing of C.W.P. No. 2402 of 2005. It is appropriate to mention that on 21.2.2005 the aforesaid writ petition was disposed of directing the respondents to treat the legal notice as representation and decide the same as per law by passing speaking order within a period of two months. Accordingly, the legal notice sent by the writ petitioner-appellant was decided on 19.5.2005 (P- 3). However, the writ petitioner-appellant preferred to maintain a blissful silence and could challenge the aforesaid order only by filing C.W.P. No. 14958 of 2009, decided on 14.10.2009. It is from the aforesaid order that the instant appeal has been filed. Accordingly, the learned Single Judge has held that the writ petitioner-appellant had challenged order dated 19.5.2005 (P-3) almost after a period of four years as the writ petition was filed somewhere in August/September 2009.;