Case Note & Summary
The petitioner, Kalubhai Mohanbhai Raval, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India before the Gujarat High Court seeking a direction to the respondents (State of Gujarat and others) to grant him the pay scale of Rs. 1200-1800 with effect from 18.06.1987, and on that basis, revise his pay as per the 5th and 6th Pay Commissions with consequential benefits. The petitioner claimed that he was appointed as a Daily Wager on 22.10.1974, though the respondents disputed this due to lack of records. However, it was undisputed that he was employed as a Work Charge Helper from 15.12.1984 in the pay scale of Rs. 210-270, and later promoted to Work Charge Operator. The petitioner contended that he was entitled to the higher pay scale from the date he started working as a heavy machine operator. The respondents opposed the petition primarily on the ground of delay and laches, arguing that the claim was made after more than 36 years without any explanation. The court noted that the petitioner sought the pay scale from 18.06.1987 but filed the petition in 2023, and no justification was offered for the inordinate delay. The court held that the claim was stale and that the writ court, in its discretionary jurisdiction, could not entertain such a belated claim. The petition was dismissed on the ground of delay and laches, without examining the merits of the pay scale entitlement.
Headnote
A) Service Law - Pay Scale Revision - Delay and Laches - Petitioner, a work charge operator, claimed pay scale of Rs. 1200-1800 from 18.06.1987 but filed petition in 2023 - No explanation for delay of over 36 years - Held that claim is stale and cannot be entertained due to inordinate delay and laches (Paras 7-10). B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - Discretionary relief - Court refused to exercise discretion in favor of petitioner due to unexplained delay - Held that writ court may decline relief if there is gross delay (Para 10).
Issue of Consideration
Whether the petitioner is entitled to the pay scale of Rs. 1200-1800 w.e.f. 18.06.1987 and consequential revision under 5th and 6th Pay Commissions, and whether the petition is barred by delay and laches.
Final Decision
The petition is dismissed on the ground of delay and laches. Rule is discharged. No order as to costs.
Law Points
- Delay and laches
- Pay scale revision
- Work charge employee
- Daily wager
- Articles 226 and 227 of Constitution of India
