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IN THE HIGH COURT AT CALCUTTA
Sujoy Paul, Smita Das De
Anirban Pal – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT :
Sujoy Paul, J.
The Challenge:
1. In these intra Court appeals, the petitioner and the Bank are at logger heads on the legality, validity and propriety of the order passed by the learned Single Judge in WPA 10195 of 2023 dated 20.06.2024 whereby learned Single Judge held that the petition is filed with a delay of 3 years which extinguished petitioner’s challenge to the refusal of the Bank to restore his promotion to Scale-IV. The relief is declined to the petitioner on yet another ground that after his reversion, he did not avail at least two promotional chances from 2020 till the date of filing of writ petition. The Bank is aggrieved by the portion of the order wherein certain findings are given against the Bank and also because of imposition of cost of Rs. 3 lakhs and further direction to grant increment to the petitioner and hold disciplinary proceedings against the officers of the Bank.
Brief facts:
2. To start the thread, the petitioner initially joined the respondent Bank in October, 2005. The petitioner remained posted in Head Office, Delhi between November, 2005 to January, 2008. The petitioner suffered a motor accident sometime in the year 2015 and sustained serious i
The court reaffirmed that the violation of disability accommodation policies leads to reinstatement of promotion, emphasizing the rights of persons with disabilities under law.
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
The court emphasized that a delay in seeking relief under Article 226 without sufficient explanation is a ground for dismissal, limiting the High Court's re-evaluative powers in disciplinary matters.
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
Claims for additional increments post-retirement are barred by delay and laches, emphasizing the need for timely action by employees.
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