The Petitions regarding change of date of birth to be dismissed on the grounds of delay and latches has been upheld by the High Court of Chhattisgarh through a single bench led by HON’BLE SHRI JUSTICE GOUTAM BHADURI in the case of Budhram v. Coal India Ltd. and Ors. (Writ Petition No. 16 of 2022).
Brief facts of the case are that the actual date of birth of the petitioner is 07.12.1957, but erroneously without considering the representation, which was made much prior before the date of retirement, the petitioner was made to retire on 30.09.2011, which was communicated to him on 15.02.2011. Learned counsel for the petitioner would submit that the petitioner was not given a proper opportunity of hearing for the reason that representations were filed to establish the fact that his date of birth is 07.12.1957, therefore, the said letter dated 15.02.2011 is erroneous and could not be given effect to.
The respondents on the other hand contended that the petitioner stood retired back in the year 2011 and after much delay, this instant petition has been filed. There is no plausible explanation given by the petitioner to file the instant petition with enormous delay, as such, at this stage the representation of the petitioner could not be reconsidered. He placed reliance on the judgment of the Hon’ble Supreme Court in the case of Karnataka Rural Infrastructure Development Limited vs. T.P. Nataraja reported in 2012 SCC Online SC 767 and would submit that the like nature of petitions are required to be dismissed on the ground of delay and latches.
The Court stated applying the aforesaid principle in the facts of this case, would reveal that the instant petition to set aside retirement with ancillary benefit has been filed with enormous delay. Furthermore, there is no plausible explanation given in the petition as to why the petition is grossly delayed by 10 years, therefore the petition stands dismissed.
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Judgement Review by Akshat Jaithlia
