Court Verdicts Do Not Give Cause Of Action; Only Declare Law 'As Was, As Is': Jammu & Kashmir High Court [Read Order]
The Jammu and Kashmir High Court has made it clear that a Court order, that might be favourable to any person's case, does not give him a cause of action and cannot be used to revive a case, otherwise suffering from delay or laches. "Any benefit which are due to an employee during his service carrier have to be claimed while he is in service or at the most, may be immediately...
The Jammu and Kashmir High Court has made it clear that a Court order, that might be favourable to any person's case, does not give him a cause of action and cannot be used to revive a case, otherwise suffering from delay or laches.
"Any benefit which are due to an employee during his service carrier have to be claimed while he is in service or at the most, may be immediately after retirement. The same cannot be claimed more than seven years after the retirement even if in some cases pending before the Court such relief was granted to the employees, who may be in service. The judgments of the Court do not give any cause of action. They only declare the law; 'as was', 'as is'," the Bench Justice Rajesh Bindal observed.
The Court was hearing a writ petition filed by certain retired employees of the State Road Transport Corporation, Jammu, seeking the Cost of Living Allowances (COLA)/ Leave Salary and other benefits, as was granted by the High Court to certain in-service employees in All J&K Workers Union SRTC v. State & Ors.
It was submitted that the Petitioners are similarly situated as were the petitioners in the said case and once, the members of the union have been granted the benefits, the Petitioners are also entitled to the same. They should not be discriminated.
The High Court however noted that the Petitioners herein had retired more than seven years ago whereas the Petitioner in the All J&K Workers Union's case (supra) was an in-service employees.
In view thereof it was held that the petition deserves to be dismissed on account of delay and laches.
The Court observed,
"All the petitioners retired from service more than seven years prior to the filing of the present petition. The relationship of master and a servant severed at that stage. Any benefit which are due to an employee during his service carrier have to be claimed while he is in service or at the most, may be immediately after retirement. The same cannot be claimed more than seven years after the retirement even if in some cases pending before the Court such relief was granted to the employees, who may be in service."
Case Title: Subash Chandra & Ors. v. Commissioner State Road Transport Corporation Jammu & Ors.
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