Court No. - 33
Case :- WRIT - A No. - 3728 of 2020 Petitioner :- Qamruzzama Respondent :- Uttar Pradesh Power Corporation Limited And 4 Others Counsel for Petitioner :- Subhash Chandra Singh,Samir Srivastava Counsel for Respondent :- C.S.C.,Amit Krishna,Kapil Dev Singh Rathore,Narendra Kumar Tiwari
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, Sri Narendra Kumar Tiwari, learned counsel for the respondent n.3 and Sri Parv Agarwal, learned counsel for the respondent no.1.
Petitioner has superannuated on 30.06.2010. After expiry of ten years he has approached this Court for a direction to the respondents to release notional increment for the period 01.7.2010 to 30.06.2011 relying upon an order passed by this Court in Writ Petition No.5959 of 2019.
On the previous occasion learned counsel for the petitioner was called upon to explain inordinate delay in filing the writ petition.
Learned counsel for the petitioner has placed reliance upon another judgment of this Court in Writ Petition No.9040 of 2020 wherein reference is made to award of notional increment in similar matters.
Although it is pointed out that this Court in Writ Petition No.14966 of 2010 had taken similar view as has been subsequently taken by the Madras High Court in the year 2017, yet it remains a matter of fact that petitioner never raised a grievance in that regard. In the event such a belated claim is allowed, it would result in causing further litigations and complications. It is in order to obviate such issues that principles of laches are invoked. Someone who sleeps over his right cannot be allowed to raise a belated claim. It is the petitioner himself who is to blame him for not raising a timely claim inasmuch as a timely challenge may have obviated the issue. The relief, as prayed for in the writ petition, therefore, stands declined.
Writ petition stands dismissed.
Order Date :- 6.1.2021 Ashok Kr.