Case Note & Summary
The petitioner, Bhanwarlal s/o Puraram Bamniya, filed a writ petition before the Bombay High Court, Nagpur Bench, claiming salary for the period from 14 February 1999 to 3 May 1999 from his employer, Coal India Limited and its subsidiaries. The petitioner had been removed from the rolls of the respondent company on 16 September 1998, and the order of removal was passed on 6 June 2001. The petitioner had challenged his removal, but the challenge failed. The petition was filed on 11 November 2009, more than ten years after the period for which salary was claimed. The respondents, represented by Shri S.C. Mehadia, argued that the petitioner was not entitled to any salary after his removal and that there was an inordinate delay in approaching the court. The court, comprising Justices S.A. Bobde and Vasanti A. Naik, heard the matter and dismissed the petition on the ground of delay and laches, discharging the rule and making no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Delay and Laches - Claim for Salary - The petitioner sought salary for a period after his removal from service, but the petition was filed after an inordinate delay of over 10 years. The court held that the petition is liable to be dismissed on the ground of delay and laches alone, as the petitioner had also unsuccessfully challenged his removal. (Paras 2-4)
Issue of Consideration
Whether the petitioner is entitled to salary for the period from 14.2.1999 to 3.5.1999 despite having been removed from service in 1998 and having filed the petition after an inordinate delay.
Final Decision
The petition is dismissed. The rule is discharged. No order as to costs.
Law Points
- Delay and laches
- Limitation for writ petition
- Salary claim after removal
Case Details
2010 LawText (BOM) (01) 403
Writ Petition No.47 of 2010
S.A. Bobde, Smt. Vasanti A. Naik
Samudra Singh (for petitioner), S.C. Mehadia (for respondents)
Bhanwarlal s/o Puraram Bamniya
Coal India Limited, Western Coal Fields Limited, The General Manager/Chief General Manager, Pench Area, (WCL)
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Nature of Litigation
Writ petition claiming salary for a specific period after removal from service.
Remedy Sought
Petitioner sought salary for the period from 14.2.1999 to 3.5.1999.
Filing Reason
Petitioner claimed he was entitled to salary for the period despite having been removed from service.
Previous Decisions
Petitioner had challenged his removal from service, and the challenge had failed.
Issues
Whether the petitioner is entitled to salary for the period after his removal from service.
Whether the petition is barred by delay and laches.
Submissions/Arguments
Respondents argued that the petitioner was removed from the roll on 16.9.1998 and the order of removal was passed on 6.6.2001, so he is not entitled to any salary after removal.
Respondents also argued that there is an inordinate delay in approaching the court as the petition was filed in 2009 for a claim relating to 1999.
Ratio Decidendi
A writ petition claiming salary for a period after the petitioner's removal from service, filed after an inordinate delay of over ten years, is liable to be dismissed on the ground of delay and laches.
Judgment Excerpts
There is an inordinate delay in approaching this Court. The petition is, therefore, dismissed.
The petitioner is claiming salary for the period from 14.2.1999 to 3.5.1999 in this petition, which is filed on 11.11.2009.
Procedural History
The petitioner filed a writ petition on 11.11.2009 claiming salary for the period 14.2.1999 to 3.5.1999. The respondents opposed the petition on grounds of delay and the petitioner's prior removal from service. The court heard the matter on 13.1.2010 and dismissed the petition.
