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JYOTI SINGH
B. Sukumar – Appellant
Versus
Indira Gandhi National Open University – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
CM APPL. 9169/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 2394/2023
3. Present writ petition has been filed seeking the following reliefs:
"i) issue a writ of Mandamus or any other appropriate Writ, direction or order, directing the respondents to grant promotion to the petitioner to the higher cadre of Deputy Director in IGNOU with effect from 30/09/2001, the date on which he became eligible and entitled to the promotion, and to pay all resultant consequential service benefits;
ii) issue a declaration that the petitioner is entitled to be promoted to the cadre of Deputy Director in IGNOU with effect from 30/09/2001, the date on which he became eligible, and entitled to all consequential service benefits, including seniority, enhanced scale of pay, subsequent timely promotions, back wages and arrears with interest;"
4. At the outset, learned counsel appearing on behalf of Respondents No. 1 to 3 takes a preliminary objection to the maintainability of the writ petition on the ground that it is barred by delay and laches.
5. Factual exposition set out in the writ petition is that the Petitioner
The main legal point established in the judgment is the enduring principle of delay and laches in service matters, emphasizing that stale claims for promotion should not be entertained as they can ad....
Inordinate delay and laches in seeking promotional relief, especially after a substantial period impacting established seniority, bar judicial intervention under Article 226.
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
Promotion - There is no prayer in the petition challenging the seniority list. So, the issue of seniority cannot be gone into.
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