Saurabh Tiwari v. State of U.P. and 2 Others

Court No. - 34 Case :- WRIT - A No. - 18363 of 2023 Petitioner :- Saurabh Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.

¶1Heard learned counsel for the parties.

¶2Petitioner who was working as Home Guard until 2010 and thereafter he did not present himself. However, he subsequently made a representation that he may be permitted to resume his duties as Home Guard.

¶3Learned Standing Counsel, on the contrary, submits that petitioner had himself made an application that he got employed in Civil Police as Constable on 26.09.2012 and thereafter he did not pursue the claim for resuming his duties as Home Guard.

¶4On the pointed query being made, counsel for the petitioner submits that petitioner had fallen ill and, therefore, he could not continue with the civil police.

¶5Having heard learned counsel for the respective parties and having perused the record, I find that petitioner has approached this Court after lapse of 13 years to resume his duties as Home Guard. Petitioner has himself stated that he firstly has been engaged in civil police and then he had fallen ill. Thus, there seems to be no justification to grant relief after a lapse of 13 years. Petitioner could have approached this Court immediately after he became medically fit or he had been dismissed from civil police or had abandoned his job with civil police.

¶6In view of the above, petition is dismissed for delay and laches. Order Date :- 1.11.2023 P Kesari High Court of Judicature at Allahabad