Facts
The petitioner claimed that his service should be reckoned from 1 September 1981, when he was engaged as a daily wager, rather than from 2 July 1992, when his services were regularised.
Source reference: paras. 1–5, 9He also claimed that his passing the Senior Accounts Clerk Examination in 2010 had not been recorded in his service book.
Source reference: paras. 1–5, 9After this Court, in an earlier writ petition, permitted him to submit a representation, the respondents rejected it on 11 January 2019, stating that daily-wage service could not count for seniority.
Source reference: paras. 1–5, 9The petitioner filed the present petition in 2026, seeking, among other reliefs, revised seniority and consequential service and pensionary benefits; he did not challenge the 2019 rejection order.
Source reference: paras. 1–5, 9Issues
Whether the petitioner’s claim for seniority and consequential benefits, brought more than six years after rejection of his representation and without challenging that rejection, should be entertained under Article 226.
Source reference: paras. 5, 8–10Whether the petitioner had provided a satisfactory explanation or exceptional circumstance warranting the Court to overlook the delay and laches.
Source reference: paras. 5, 8–10Law Applied
A petition under Article 226 must be brought with due diligence and within a reasonable time; although no fixed limitation period governs writ petitions, the Court may refuse discretionary relief where a litigant delays unreasonably and seeks to revive a stale claim.
Source reference: para. 7In State of Uttaranchal v. Shiv Charan Singh Bhandari, (2013) 12 SCC 179, the Supreme Court reiterated that stale claims for promotional benefits should not ordinarily be entertained and that delay and laches are relevant to the exercise of writ jurisdiction.
Source reference: para. 7The Court also referred to NDMC v. Pan Singh, (2007) 9 SCC 278, and P.S. Sadasivaswamy v. State of Tamil Nadu, (1975) 1 SCC 152, on the requirement to seek relief within a reasonable time.
Source reference: para. 7Reasoning
The petitioner’s representation had been rejected in January 2019, but he waited until 2026 to approach the Court and did not challenge the rejection order.
Source reference: paras. 5, 8–10His claim concerned service dating back to 1981, and he offered no satisfactory explanation for the prolonged inaction or exceptional circumstance justifying the delay.
Source reference: paras. 5, 8–10Applying the principles of delay and laches, the Court held that entertaining the petition would improperly revive a stale claim and declined to exercise its discretionary writ jurisdiction.
Source reference: paras. 5, 8–10Holding
The Court held that the petitioner had approached it after an inordinate and unexplained delay and had not challenged the 2019 rejection of his representation.
It dismissed the writ petition in limine on the ground of delay and laches.
Source reference: paras. 9–11Original Court PDF
MOHD MUSTKEEM KHANvsSTATE OF CHHATTISGARH
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