24.07.2026. Court No. 13 Item No. 8 pk F. M. A. 763 of 2025 With I.A. No. CAN 1 of 2025 Bimalendu Bhattacharyya -Versus- The State of West Bengal & Ors. Mr. Biswarup Biswas, Md. Mojnu Sk. … for the appellant. Mr. Sahasrangshu Bhattacharjee, Ld. AGP Ms. Mary Datta, … for the State. 1. The petitioner is aggrieved that he has been wrongfully deprived of any increment that was stopped due to his non cooperation in evaluation of higher secondary answer script in the year 2015. 2. It is argued that the proposal to stop increment was initiated on 11th September, 2014. The writ petitioner replied to such proposal on 16th September, 2014. His reply is that due to ill health and heavy pressure he could not evaluate the answer script across the bar. 3. It is submitted by learned counsel for the appellant that the petitioner was not obliged in law to evaluate the answer script of the higher secondary course when he was pass graduate teacher. The said defence does not appear to have been taken in the reply to the proposal. 2 4. Be that as it may, increment was stopped for a particular period in the year 2015. The writ petitioner must be deemed to have waived any right to challenge the same and/or acquiesced thereto for remaining silent for 10 years until 2025. He has raised the issue for the first time after he retired from service. 5. It is now well settled that delay and laches are fatal to relief under Article 226 of the Constitution of India. Delay of 10 years in approaching the court and challenging the action of the respondents would disentitl the petitioner from any relief before this Court. 6. In that view of the matter, the order of the Single Bench does not call for any interference. 7. Accordingly, FMA 763 of 2025 fails and is hereby dismissed. Consequently, connection pending application is also dismissed. 8. There shall be no order as to costs. 9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Rai Chattopadhyay, J.) 3