High CourtsDivision Bench(2023) 03 SHI CK 0075

Ranjit Singh vs Union Of India & Others

High Court Of Himachal Pradesh · Decided on 24 March 2023

HON’BLE JUDGES
Sabina, J · Satyen Vaidya, J
RESULT
Dismissed
CASE NUMBER
Latter Patent Appeals No. 211 Of 2022

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Judgment

8 paragraphs · 255 words

Sabina, J

1.

Appellant has filed the Letters Patent Appeal, challenging the order dated 9th September, 2022, passed by the learned Single Judge, whereby, writ petition filed by the appellant was dismissed.

2.

We have heard learned counsel for the parties and have gone through the record available on the file, carefully.

3.

Learned Senior Counsel for the appellant has submitted that the respondents had advertised the post of Band Master in Sainik School on regular basis in the year 2006. However, appellant was offered the post on contract basis against the rules and regulations.

4.

Admittedly, in the present case, the post of Band Master was advertised by the Sainik School in the year 2006. Appellant accepted the offer of job in the year 2006 on contract basis. Appellant never raised any challenge to the offer of job to him on contract basis on 01.05.2006, but had filed the writ petition in the year 2017. In this factual background, learned Single Judge rightly held that the writ petition filed by the appellant was liable to be dismissed on the ground of delay and latches. Appellant had willingly accepted the offer of job on contract basis and had never sought to challenge his appointment on contract basis for a number of years. Now, appellant has attained the age of superannuation.

5.

In the facts and circumstances of the present case, the view taken by the learned Single Judge, calls for no interference.

6.

Dismissed.

7.

Pending miscellaneous application(s), if any, shall also stand disposed of.