Court No. - 6
Case :- WRIT - A No. - 12935 of 2018 Petitioner :- Ashwini Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Chandra Mishra Counsel for Respondent :- C.S.C.,Vivek Verma Hon'ble B. Amit Sthalekar,J.
Heard Shri Dinesh Chandra Mishra, learned counsel for the petitioner, learned Standing Counsel on behalf of respondents no. 1 and 2 and Shri Jitendra Rana holding brief of Shri Vivek Verma, learned counsel for respondent no. 3.
In this petition, the petitioner is seeking quashing of the date of regularization which is 22.01.2000 and to consider him for regularization with similarly situate employee appointed with the petitioner on 19.03.1986 who has been regularized since 15.04.1994. He also seeks quashing of the seniority list dated 12.09.2001 and the order dated 23.11.2016 whereby his claim for regularization, challenge to seniority and A.C.P. has been rejected.
However, prima facie, the cause of action to the petitioner has accrued in the year 22.01.2000 when he was regularized and so far as the challenge to seniority is concerned, it could be challenged when he seniority list of 12.09.2001 was published. Even his claim for one extra increment after completion of six years of service w.e.f. 29.03.2002 and five years of service on 29.03.2017 w.e.f. initial date of joining i.e. 19.03.1986 and A.C.P. is grossly barred by laches. Merely because the petitioner preferred a representation before the authority concerned on 03.03.2016 which was rejected on 23.11.2016 does not given the petitioner a fresh cause of action for maintaining this petition filed only in the year 2018.
Writ petition is grossly barred by laches.
It is further stated that the petitioner was preferring representations after representations. The law is well settled that repeated representations do not condone the delay.
Even so far as his claim for A.C.P. and one annual increment on 01.07.2006 and notional promotion since 16.07.2012 is concerned, the same also barred by laches.
The writ petition is dismissed as barred by laches.
Order Date :- 29.5.2018 VR