A Division Bench of the High Court of Jammu & Kashmir and Ladakh recently while dealing with a Writ Petition under Article 226 of the Constitution of India reiterated the settled principle of law that the Court cannot entertain a stale, highly belated and time-barred claim of a Petitioner in exercise of its discretionary jurisdiction under Article 226.

The Hon’ble Division Bench was considering a Petition wherein the Petitioner had approached the Court seeking re-employment and release of back wages, after a delay of almost seven years from the date he was restrained from performing his duties. The Court observed that the facts of the case clearly reveal that the Petitioner has slept over his rights for a long duration of over seven years, as such the claim cannot be entertained at a belated stage.

The Court further held that when the cause of action had already arisen in the past, filing of series of representations does not revive it, neither does it give rise to a fresh cause of action.