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M. S. KARNIK, NIVEDITA P. MEHTA
John Joseph S/o Late Cheriyan Joseph – Appellant
Versus
Union of India, through the Secretary, New Delhi – Respondent
JUDGMENT :
NIVEDITA P. MEHTA, J.
1. Rule.
2. Rule made returnable forthwith.
3. Heard finally with consent of the parties.
4. The petitioner has preferred the present petition questioning the order dated 29.02.2024 passed by the Central Administrative Tribunal, Mumbai Bench (“Tribunal” for short) in Original Application No. 231/2024 with further ancillary reliefs.
Facts
5. The petitioner was employed as an Appraiser of Customs in the Central Excise and Customs Collectorate (Goa) and subsequently joined the promotional post on 15.03.1993 as Assistant Collector of Customs (Preventive) Ahmedabad, Gujarat. The petitioner was temporarily posted as Assistant Collector at Porbandar by office order dated 16.4.1993. He continued to work at Porbandar up to July 1995. Thereafter he was transferred to Goa Regional Unit of Directorate of Revenue Intelligence. The petitioner expected that he would be promoted as Assistant Commissioner (Senior Time Scale) after a period of four years from 15.3.1993. The petitioner was promoted vide order dated 24.4.2000 by the Government of India and the aforesaid promotion was made with effect from 16.4.1997 and not from 15.3.1997. The petitioner continued to work till
A litigant who delays asserting their rights for an extended period may be barred from relief, as delay defeats equity.
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
Point of Law : Doctrine of delay and laches should not be lightly brushed aside. A writ court is required to weigh the explanation offered and the acceptability of the same. The court should bear in ....
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