IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No.843 of 2009 (O&M) Date of decision:18.1.2010 B.K.Sharma and others -----Appellants Vs. The Punjab state Cooperative Supply and marketing Federation Limited and another -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr.R.K.Arora, Advocate for the appellants. --- Adarsh Kumar Goel,J. 1. This appeal has been preferred against judgment of learned Single Judge dismissing the writ petition of the appellants on the ground of delay and laches. 2. The appellants retired from service between 1995 to 2002. The writ petition was filed in the year 2008 i.e. after six to thirteen years after retirement. Relief sought in the petition was for grant of pay scale w.e.f 1.1.1978. The issue raised in the writ petition was never put forward prior to retirement of the appellants from service. LPA No.843 of 2009 (O&M) 3. Learned Single Judge dismissed the writ petition as belated and suffering from delay and laches. 4. Only contention raised on behalf of the appellants is that dispute of pay scale could be raised at any time as held by Full Bench of this Court in Saroj Kumari v. State of Punjab, 1998(3) SCT 664. 5. We are unable to accept this submission. Observations of the Hon’ble Full bench in Saroj Kumar (supra) cannot be read to mean that no petition raising dispute of pay scale can be rejected on the ground of delay and laches. It is settled that jurisdiction of this Court under Article 226 of the Constitution is discretionary and this Court may not entertain a petition if the same raises a stale issue or is highly belated. We are unable to hold that the principle laid down in Saroj Kumari (supra) will apply to the present case. 6. The appeal is dismissed. (Adarsh Kumar Goel) Judge January 18, 2010 (Alok Singh) ‘gs’ Judge 2 LPA No.843 of 2009 (O&M) 3