SUKHDEV SINGH SMAGH Vs. STATE OF PUNJAB
LAWS(P&H)-2014-7-736
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 17,2014

Sukhdev Singh Smagh Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Rameshwar Singh Malik, J. - (1.) FEELING aggrieved against the alleged inaction on the part of respondent authorities, petitioner has approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of mandamus.
(2.) LEARNED counsel for the petitioner submits that when the grievance of the petitioner was not being redressed, he finally approached the respondent authorities, by way of representation dated 30.5.2014 (Annexure P -2), seeking refixation of his pay w.e.f. 16.8.1983 instead of 26.3.1993. However, when no action was taken on representation, petitioner has approached this Court by way of present writ petition. He further submits that petitioner was having a continuing cause of action. His case was covered by different orders passed by this Court at Annexures P -4 to P -6. He next submits that in such a situation principle of delay and latches will not be attracted against the petitioner. He finally prays for allowing the present writ petition.
(3.) HAVING heard the learned counsel for the petitioner at considerable length, after careful perusal of the record of the case and giving thoughtful consideration to the contentions raised, this Court is of the considered opinion that the present writ petition suffers from delay and latches, because of which the same is liable to be dismissed. To say so, reasons are more than one, which are being recorded hereinafter.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.