Can’t grant extraordinary relief to those who sleep over rights: Punjab and Haryana high court | India News
CHANDIGARH: Dismissing a plea by a former soldier’s wife, seeking special benefits under a govt policy, on grounds of inordinate delay, the Punjab and Haryana high court ruled that a person who approaches the court belatedly or sleeps over their rights for a considerable period ought not be granted extraordinary relief by writ courts.Petitioner Surinder Pal Kaur had approached the HC seeking directions to Punjab government to grant her benefits for military service rendered by her deceased husband during two national emergencies (wars). However, HC found she was 20 years late.The court said the petitioner’s case “is badly hit by the doctrine of delay and laches”. “Delay defeats equity… Multiple communications cannot create a cause of action,” the bench stated in its order.Kaur’s husband had joined as a havildar in the Army on Nov 27, 1964, and retired on Nov 19, 1985. He then joined the Punjab Police on June 1, 1989, and retired on July 31, 2004, as an ASI. He passed away on Nov 13, 2010. The petitioner served a legal notice dated April 8, 2021, upon state authorities, claiming dual pension as well as benefits of military service rendered during the national emergencies.The state granted dual pensions, but benefits for military service rendered during the wars were not approved. Kaur moved HC in 2024, two decades after her husband retired from police service. The court dismissed the plea, observing that it did not find it appropriate to invoke its extraordinary writ jurisdiction.
