Court cannot extend any benefit on principle of delay and latches: HC

09/11/2017

JAMMU, Nov 8: State High Court holds that when a person is remiss and callous and does not pursue his rights, and acquiesces into the situation, the grant of any relief in his favour cannot be considered. The plea of delay forms the bedrock for such denial.
This landmark judgment has been passed by Justice MK Hanjura in a petition filed by Manzoor Ahmad Naikoo who appointed as an Orderly in the Jammu and Kashmir Urban Environmental Engineering Department, and he is entitled to be promoted to the post of Junior Assistant. He has passed 10+2 examination and as per his merit, suitability and seniority, he has the right to be promoted to the said post. However, the official respondents promoted the private respondent Nos. 6 to 8 as Incharge Junior Assistants though they were not entitled to such placement as they were appointed as 'Gang Coolies' in the first instance and as per the Recruitment Rules governing the subject they could only be promoted to the post of 'Mate'.
The petitioner has proceeded to state that the respondents are now going to regularize the illegal and improper promotion of the private respondents to the post of Junior Assistant, which, if allowed, will cause serious prejudice to his rights and interests.
Justice MK Hanjura after hearing both the sides observed that the petitioner, here in this case, did not wake up in the year 2011, when the respondent Nos. 6 to 8 were appointed as Incharge Junior Assistants, meaning thereby that he accepted them to be the persons eligible for the post and, therefore, the Court cannot extend any benefit to him on the principle of delay and latches. An important factor and exercise of discretionary relief under Article 226 of the Constitution of India, is latches and delay. When a person is remiss and callous and does not pursue his rights, and acquiesces into the situation, the grant of any relief in his favour cannot be considered. The plea of delay forms the bedrock for such denial. With these observations High Court dismissed the
petition. JNF

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