HIGH COURTOF CHHATTISGARH: BILASPUR WRIT PETITION(S) N0. 4349 OF 2008 PETITIONERS RESPONDENTS iTEi7^mz: 1. Bhoj Ram Sahu, S/o Kartik Ram Sahu, aged about 59 years, Assistant Teacher, Government Primary School, Sawni, Block Patan, District Durg (CG). 2. Heera Lal Dilliwar, S/o Ram Awtar Dilliwar, aged abput 56 years, Assistant Teacher, Government Middle School, Nikum, Block Durg, District Durg(CG). 3. Samodhi Ram Sahurf S/o Shri Suklal Sahu, aged about 59 years, Assistant Teacher, Primary School, Nikum, Block & District Durg (CG). 4. Rameshwar Prasad Sapra, S/o Shri Ram Singh Sapra, aged abqut 55 years, Assistant Teacher, Government Primary School, Katro, Block Durg, District Durg (CG). 5. Ramesh Kumar Soni, S/o Ganpat Lal Soni, aged about 52 years, Assistant Teacher, Government Primary School, Matrodeeh, Bloek Durg, District Durg (CG). 6. Krishna Kumar Sharma, S/o Shrilshwari Prasad Sharma, aged about 55 years, Assistant Teacher, Government Primary School, Bhedesara, Block Dhamdha, District Durg (CG). 7. Mahesh Ram Verma, S/o Shri Keju Ram Verma, aged about 55 years, Assistant Teacher, Government Primary School, Arasnara, Block Patan, District Durg (CG). 8. Ankalu Ram Sahu, S/o Shri Suk Lal Sahu, aged about 56 years, Assistant Teacher, Government Primary School, Nikumbhata, Block & Distriet Durg (CG). 9. Ghanshyam Singh Sahu, S/o Shri Mansa Ram Sahu, aged about 57 years, Assistanf Teacher, Gdyernment Primary School, Pauvara, Block Durg, District Durg (GG). 10. Sohan Lal Yadaw, S/o Shri Kanhaiya Lal Yadw, aged about 56 years, Assistant Teacher, Government Primary School, Kokadi, Bloek Durg, District Durg(CG). Versus 1. The State of Chhattisgarh, through the Secretary, School Education Department, Matralay at D.K.S. Bhawan, Raipur (CG). ^§l^^M'?^^^^^:^; 'M 2. The Director, Public Chhattisgarh, Raipur (CG). Instructions, 3. The District Education Officer, Durg (CG). (Writ petition under Article 226 ofthe Constitution of India) Single Bench: Hon'ble Shri Satish K. Agnihotri, J. Present: Shri S.K. Thomas, counsel for the petitioners. Smt. Smita Ghai, Panel Lawyer for the State. ORAL ORDER (Passed on this 8*" day ofAugust, 2^08) Petitioners were appointed as Trainee Teachers on a stipend of Rs.100/- during the period 1974 to 1980, which is evidentfrom documents Annexure-P/1. Thereafter they were granted a stipend of Rs.150/- and it has been enhanced from time to time. Thereafter, regular pay scale of Rs. 169-300 was granted to the petitioners. 2) The petitioners have filed this petition 5-8-2008 seeking a relief that they may be granted regular pay scale from the date of initial appointment. They relied upon the decision of Hon'ble Supreme Court in the matter of State of Madhya Pradesh & Ors. vs. Madhukant Yadu & Ors. {Special Leave to Appeal (Civil) No. (2) 6892/93} passed on 3-1-1994 and subsequent orders passed bythis Court. 3) The petitioners have not explained the reasons for not approaching to the Court/Tribunal jmmediately after grant of regular pay scale. The petitioners waited for more than three decades without explaining reasons. This petition is barred by principles of acquiescence and estoppel. The laches and delay in approaching this Court has not been explained by the petitioners. 4) In the matter of Karnataka Power Corporation Ltd. Through its Chairman &Managing Director and another vs. K. Thangappan and andther, the Hon'ble Supreme Court observed asunder : "Delay orlaches is one of the factors which is to be borne in mind by the High Court when they exercise their di§cretionarypowers under Article 226 of the Constitution. In an approprfats case the High Court may refuse to invoke its extraordinary powers ifthere is such negligence oromission on the part of the applicant to assert his right as taken in conjunction with the lapse of time and other circumstances, cause prejudice to the opposite party. Even where fundamental right is involved the matter is still wifhin the discretion of the Court as pointed out in Durga Prasad V. 1 (2006) 4 SCC 322 Wh ffitttKBg ^;^i 1 :: v --i Obwri Chief Controller of Imports and Exports. Of course, the discretion has to be exercised judicially and reasonably." 5) On laches and delay in agitating the grievances before the Court the Hon'ble Supreme Court in the matter of State of Punjab and another xs. Balkaran Singh observed as under : "22. According to us, the suit is also barred by acquiescence and estoppel. No one in a service can sleep over the question of seniority for more than 12 years and then come to court seeking a relief which will upset the seniority of a-number of persons who had been shownas seniors in the respective seniority lists, Therefore, on the face of it, a declaratory relief that will have the effect of altering a twelve-year-old and ariine-year-old seniority list could not have been granted by the courts below." 6) The Supreme Coyrt in the matter ofU.P. JalNigam and another vs. Jashwant Sihghand another observed asunder: ' "6. The question of delay and laehes has been examined by this Court in aseries of decisions and laches and delay has been considered to be an important factor in exercise of the discretionary relief under Article 226 of the Constitution. When a person who is not vigilant of his rights and acquiesces with the situation, can his writ petition be heard after a couple of years on the ground that same reliefshould be granted to him aswas granted to person similarly situated who was vigilant about his rights and chaltenged his retirement which was said to be made on attaining the age of58 years......" 7) The petitioners are not entitled to any relief after a period of more than three decades. Ifthe petitioners are granted seniority with effect from their initial date of appointment at this stage, the persons, who are senior to the petitioners, may be disturbed and their interest would be prejudiced. Thus, this petition is barred on the principles of acquiescence and estoppel. 8) In view of the foregoing reasons, the petition is dismissed. No order astocosts. __— Sd/- ,, SatisUK.Agnihotr1 Judge m WM 1:© iM ;l^i M 2 (2006)12 SCC 709 3(2006)11SCC464 aaSiSSSSKSSSiKSS, ;^^i; BEg