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2020 (11) TMI 1004 - HC - Central ExcisePay fixation in respect of employees appointed to Selection Grade in Pre-revised between 1-1-1986 and 12-9-1986 - M.R.O.M.No.7(21)-E.III(A)/74 dated 10-1-1977 - HELD THAT:- If at all the writ petitioner is aggrieved regarding the grant of increment with effect from 01.02.1999 he should have filed appropriate application before the Central Administrative Tribunal along with his colleague during the relevant point of time. Contrarily, he cannot file a litigation seeking the very same benefit after several years, since the case filed by his colleague has attained finality. Such an attitude of a Government Servant cannot be encouraged by the Courts. An aggrieved person should approach the court of law within a reasonable period of time. Especially, the writ petitioner was working in the responsible post of Inspector of Central Excise. Thus, he is aware of the rules and regulations and as well as the service rights. Whenever his service conditions are affected he is at liberty to approach the competent forum for redressal. Contrarily, he cannot file a writ petition based on the orders passed in some other case with reference to the Original Application filed before the Central Administrative Tribunal in the year 2005. If such writ petitions are entertained, all other retired employees will approach this Court after a lapse of many years seeking the similar relief. Thus, the said conduct of the writ petitioner in approaching the Court of law belatedly cannot be encouraged. The present writ petition is filed by the writ petitioner at the age of 68 years after a lapse of 10 years from the date of retirement seeking the benefit of arrears of increment from 01.02.1999. Now, he would be around 74 years. Thus being the factum established, the writ petitioner undoubtedly slept over his right and therefore, he cannot wake up one fine morning and knock the doors of the Court for seeking remedy - Petition dismissed.
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