Writ claims brought decades after the cause of action may be dismissed for delay and laches.

The petitioners, former employees of the Bihar Intermediate Education Council whose services were later absorbed by the Bihar School Examination Board, sought third MACP benefits and fixation of pay in the Assistant scale from 23 September 1994.

The Board’s records showed that both petitioners had received second MACP benefits; their claimed eligibility for third MACP would arise only in 2028 and 2025, respectively, whereas they retired in 2021.

After an earlier writ petition was disposed of with liberty to make a representation, the petitioners’ representation was rejected on 30 April 2024.

They challenged that rejection and renewed their service and pay claims in this writ petition, filed on 15 January 2025.

Whether the petitioners were entitled to third MACP benefits, notwithstanding that they retired before completing 30 years of service.

Whether the petitioners could obtain fixation of pay in the Assistant scale from 23 September 1994, despite raising the claim after a delay of more than 25 years.

The Court relied on the principles concerning delay and laches in service-related claims, referring to Shiv Dass v. Union of India, (2007) 9 SCC 274, and Surjeet Singh Sahni v. State of Uttar Pradesh, (2022) 15 SCC 536.

It applied the rule that a writ claim may be declined where the claimant approaches the Court after substantial, unexplained delay.

The petitioners had not completed 30 years of service by the time they retired, so the dates on which they would otherwise have become eligible for third MACP fell after their respective retirements.

As to pay fixation, the Court noted that the claim concerned events dating back to 1994 and 1999, while the writ petition was filed only on 15 January 2025.

Considering the delay and the contents of the Board’s rejection order, the Court declined to grant relief.

It held that the petitioners’ claims were not grantable, particularly in view of their ineligibility for third MACP before retirement and the substantial delay in approaching the Court.