writ petition

joyce (Querist) 14 December 2009 This query is : Resolved
I wanted to file a writ petition in HC, under sec 226 &227 of constn act, seeking benefits of DCRGs, pension plans etc..for the retired aided govt employees.some empoyees took the reward amount in the year 1999,under the writ petition, that time my client could not file a case, now it is 11 to 12 yrs past, he want to file a case. can he get same remedy ( award) for same cause if writ is filed? Whether any question as to delay of filing raises? so what are the geniune causes to be shown to get thru the problem of delay -laches. Some good High court Practising experts plz guide me.

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Raj Kumar Makkad (Expert) 14 December 2009
Joyce! I was planning to reply your quarry but you have required reply of your quarry from:
1. High Court practicing lawyer
2. He must be good

AND sorry I lack both so no comments.

Devajyoti Barman (Expert) 14 December 2009
It will be hard to convince the Court to explain delay in the meantime.

niranjan (Expert) 14 December 2009
When relief is given by the hc in similar cases, i would propose that you may give application to the concerned deptt. to give you r client the same benefit and on their refusal you may approach the hc..

Kiran Kumar (Expert) 14 December 2009
Madam, technically there is no limitation period prescribe for filing writ petition, however in case of unnecessary delay in approaching court under writ jurisdiction the court may ask for the reasons for delay.

in ur case, u may plead the lack of knowledge of earlier litigation or orders passed by the concerned high court....practically such kind of judgments are 'in rem'.....meaning thereby the advantage must have been given to all the affected parties....if one has delayed the petition due to lack of knowledge then the govt. is also guilty of denying the right while granting others on the basis of judgment.