During the hearing, counsel for the petitioner conceded that the grievance arose in 1996 but could not provide any satisfactory explanation for the long delay in approaching the court.
The Punjab and Haryana High Court has dismissed a retired Punjab Mandi Board employee’s plea seeking refixation of pay and consequential retirement benefits, holding that the petition was barred by inordinate delay and laches.
Justice Harpreet Singh Brar rejected Ajit Singh’s claim that his pay had been wrongly fixed in 1996, noting that he raised the grievance years after retirement without any reasonable explanation.
Ajit Singh was appointed as a chowkidar on June 1, 1979, and retired as Mandi supervisor on May 31, 2017. He argued that under the Revised Pay Rules, 1998, his basic pay had been fixed at Rs 6,000 instead of Rs 6,200 because he was not granted an annual increment due on January 1, 1996. He sought the quashing of the board’s reply dated November 7, 2025, and a direction to refix his pay, including arrears and retirement benefits.
The court noted that the alleged error occurred in 1996, but the petitioner made his first formal representation only on August 26, 2024, and followed it with a legal notice in August 2025.
Nirmal Singh Kandhola appeared for the petitioner, and Abhilaksh Gaind, along with Priya Jarial, appeared for the Punjab Mandi Board.
During the hearing, counsel for the petitioner conceded that the grievance arose in 1996 but could not provide any satisfactory explanation for the long delay in approaching the court.
Counsel for the respondents submitted that the petitioner failed to exercise his option under the Revised Pay Rules, 1998, at the relevant time, unlike another employee, Budh Ram, and remained silent throughout his service and for seven years after retirement. The claim, they argued, was a stale one barred by delay and laches.
‘Fence-sitters can’t be allowed to barge into courts’
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In its ruling, the court said no compelling circumstance had been shown to explain the delay and relied on Supreme Court precedents to decline relief.
Quoting Chairman, UP Power Corporation Limited versus Ram Gopal, the court observed: “Whilst it is true that limitation does not strictly apply to proceedings under Articles 32 or 226 of the Constitution of India, nevertheless, such rights cannot be enforced after an unreasonable lapse of time.”
“Consideration of unexplained delays and inordinate laches would always be relevant in writ actions, and writ courts naturally ought to be reluctant in exercising their discretionary jurisdiction to protect those who have slept over wrongs and allowed illegalities to fester. Fence-sitters cannot be allowed to barge into Courts and cry for their rights at their convenience, and vigilant citizens ought not to be treated alike with mere opportunists.”
It further quoted the same judgment: “It is also a well-settled principle of law that ‘delay defeats equity’… It is now a trite law that where the writ petitioner approaches the High Court after a long delay, reliefs prayed for may be denied to them on the ground of delay and laches irrespective of the fact that they are similarly situated to the other candidates who obtain the benefit of the judgment.”
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The court also referred to Mrinmoy Maity versus Chhanda Koley and others and State of Uttaranchal versus Shiv Charan Singh Bhandari to reiterate that repeated representations do not revive stale claims and that delay must be assessed with reference to the original cause of action.
On pay fixation, the court referred to M R Gupta versus Union of India and Saroj Kumari versus State of Punjab, holding that wrong pay fixation constitutes a continuing wrong while an employee is in service, but ceases to be so after retirement. A petition filed with substantial delay after retirement is liable to be dismissed on grounds of delay and laches.
Citing Prem Nath versus State of Punjab, the court quoted: “So long as an employee ‘is in service’ a fresh cause of action arises every month when he is getting his monthly salary on the basis of a wrong calculation made contrary to rules… In the present case, however, the petitioners choose not to agitate their claim while in service. It is much subsequent to their superannuation that they have woken up and seek to gain impetus from certain decisions that may have been rendered in the case of similarly situated employees.”
Applying these principles, the court held that since the petitioner was no longer in service and had offered no plausible explanation for the delay, he could not claim the benefit of a continuing wrong. It declined to exercise writ jurisdiction and dismissed the petition.
Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US.
With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath.
Professional Background & Expertise
A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius
Her key focus areas include:
Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights.
International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila.
Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok.
Recent Notable Articles (Late 2025)
Her recent reportage focuses heavily on judicial interventions and regional governance:
1. Environment & Governance
"‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land.
"High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections.
2. Legal Rights & Social Welfare
"HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019.
"Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling.
"HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits.
3. Human Rights & Identity
"As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament.
"Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices.
Signature Beats
Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context.
Contact
@grewal_sharma on X
manrajgrewalsharma on Instagram ... Read More
