Doctrine Of Laches | In Welfare State, Govt As A Litigant Is Subject To Same Norms As A Commoner: Karnataka High Court

A division bench of Justice Krishna S Dixit and Justice P Krishna Bhat made the observation while rejecting a petition filed by the State through its Social Welfares Department, assailing the order of State Administrative Tribunal, Belagavi, whereby the respondent Basavraj Yarademmi was directed to be appointed as Kitchen Assistant.

The court, rejecting the contention of the petitioner noted that the job application of the respondent was filed in time, although Certificate evidencing the cooking experience was produced thereafter. It said,

"In a society like ours, procurement of documents from the concerned authorities poses some difficulty to the job aspirants; what prejudice would be caused to the public interest should the qualification certificates produced bit later are accepted, is not forthcoming."

It added,

"Ordinarily, production of documents which need to be procured from other agency, would take some time and prescription of period for their production cannot be treated as mandatory."

Then the bench noted that the job applicant is a Project Displaced Person and therefore, some leniency needs to be taken to persons of the kind. It opined ,

"The Courts have observed in matters like this, that the Government being the model employer has to be a bit lenient, unless culpability on the part of the job aspirants causes prejudice to the public interest, which is not the case here."

Further the bench noted that the order of the tribunal was passed on 25.10.2021 prescribing a period of three months for issuance of appointment letter. However, this writ petition was filed only on 22.04.2022. The court said ,

"Brooking enormous delay & latches that have not been plausibly explained in the pleadings. It has long been said that the Writ Courts do not come to the aid of sleepy & tardy, even when the petitioner happens to be the Government and its Officers. What applies to goose applies to gander."

Accordingly it directed the petitioners-Government and its Officers are directed to give effect to the Order of the Tribunal within a period of six weeks from this day.

Case Title: THE STATE OF KARNATAKA REP BY ITS SECR SOCIAL WELFARE DEPT And BASAVARAJ. YARADEMMI & ANR

Case No: WRIT PETITION NO. 102109 OF 2022

Citation: 2022 LiveLaw (Kar) 289

Date of Order: 07TH DAY OF JULY, 2022

Appearance: Advocate G.K. HIREGOUDAR for petitioner

Click Here To Read/Download Order