"Even Equity Has To Be Claimed At Right Juncture": Rajasthan HC Dismisses Employee's Plea Citing 40 Yrs Delay

The Rajasthan High Court has dismissed an employee's writ petition, which was filed with a delay of more than 40 years, seeking pay scale No. 2 of Helper-I w.e.f. April 1974 with all consequential benefits regarding salary and arrears in cash payment.Justice Kuldeep Mathur court opined that it is a settled law that the court does not come to the rescue of those who are not vigilant about their rights. "Even equity has to be claimed at the right juncture and not after expiry of reasonable time," the court said.The petitioner was initially appointed as casual labourer in Jodhpur Vidhyut Vitran Nigam Limited in May 1971. He was given regular status of Helper-II in the year 1974. On completion of 15 years of continuous satisfactory services, as Helper-II, the petitioner was given designation of SSA-III by an order dated 12.11.1991Notably, in 1992 a coordinate Bench of this Court in Mohd. Haneef Vs. RSCB & Ors. held a person junior to the petitioner namely, Mohd. Haneef, to be entitled to Pay Scale No.2 of the Helper-I w.e.f. 01.04.1974 as recommended by the Pay Fixation Committee. In this regard, the petitioner's counsel urged that being senior to the aforementioned employee, petitioner should also be extended benefits of Pay Scale No.2 of the Helper-I w.e.f. 01.04.1974.The court noticed that Mohd. Haneef, against whom parity has been claimed in the present writ petition, was working on the post of Helper-I in the respondent department. Therefore, the court observed that pursuant to the recommendation of Pay Fixation Committee, Pay Scale-2 of Helper-I was conferred upon him. Thus, it opined that Petitioner's case is not comparable to the case of Mohd. Haneef.Adv. M.S. Purohit appeared for the petitioner while Adv. Vikram Choudhary appeared for the respondents.Case Title: Anand Shankar v. The Jodhpur Vidhyut Vitran Nigam Limited, Jodhpur Through Managing Director & Ors.Citation: 2022 LiveLaw (Raj) 236Click here to read/ download Order

"Even Equity Has To Be Claimed At Right Juncture": Rajasthan HC Dismisses Employee's Plea Citing 40 Yrs Delay

ANIRUDH VIJAY

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