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| Law leans in favour of those who are alert: HC | | |
Early Times Report
Srinagar, Apr 3: Law leans in favour of those who are alert and vigilant, the state high court said as it dismissed a petition seeking benefit of 26th February 2008 judgment.
A bench of Justice Ali Mohammad Magrey said that the doctrine of delay and laches should not be lightly brushed aside and the Court was required to weigh the explanation offered and its acceptability.
"It is well settled that law leans in favour of those who are alert and vigilant. Even equality has to be claimed at the right juncture and not on expiry of reasonable time. Even though there is no period prescribed for filing the writ petition under Article 226 of the Constitution of India, yet it should be filed within a reasonable time," the court said while dismissing the petition, seeking direction to the authorities to pay the petitioners the pay and grade attached to the post of Meter Reader (Executive) in the pay scale of Rs.220-430 (pre-revised) w.e.f. the respective dates they have been promoted.
In essence, the petitioners were seeking benefit of judgment dated 26th of February, 2008 passed in Jammu wing of this Court for release of grade of Rs.220-430 (pre-revised) in their favour.
"Though, it is not a strict rule, the Courts can always interfere even subsequent thereto, but relief to a person, who allows things to happen and then approaches the Court and puts forward a stale claim in trying to unsettle settled matters, can certainly be refused on account of delay and laches."
Anyone who sleeps over his rights is bound to suffer, the court said. "In the case at hand, there has been 18 years of delay in approaching the Court without any plausible explanation." |
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