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JYOTI SINGH
Naresh Kumar – Appellant
Versus
Chairman, Indraprastha Power Generation Co. Ltd. (Ipgcl) – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present writ petition has been filed by the Petitioner seeking the following relief:
"(i) Issue an appropriate writ in the nature of mandamus or any other appropriate writ and to quash and set-aside order dated 27.08.2015 whereby the representation of petitioner has been rejected, order dated 13.02.2017 whereby the representation of petitioner dated 15.12.2016 has been rejected, order dated 02.03.2006 is being challenged to an extent whereby it does not granted the first TBPS w.e.f. 2004 (at par with his batchmates and a consequence of the same the petitioner would also be entitled for the benefit of 2nd TBPS w.e.f. August, 2012 in the GP of 4000) and granted the first TBPS to the petitioner w.e.f. 2005, order dated 13.01.2016 is being challenged to extent whereby it does not granted the pay scale in the Grade Pay of Rs.4600 and granted the Grade Pay of Rs.3600/- and to further direct the respondents that the notional seniority of the petitioner, notional pay of the petitioner and further the benefit of Time Bound Promotional Scale (TBPS) 1st and 2nd has to be calculated from the original date of offer of appointment i.e. 10.10.1994 at par with the ba
Belated challenge to circulated seniority list after 10+ years dismissed on delay, laches and acquiescence; settled seniority not to be unsettled without explanation, protecting third-party rights.
Claims regarding seniority must be raised promptly; failure to do so can lead to dismissal based on delay and laches.
Point of Law : There is no question why Court should come to rescue of such persons, when they themselves are guilty of acquiescence and waiver.
Challenges to seniority fixation rejected as time-barred after long delay despite publication; constructive res judicata from prior identical OA applies; settled positions not disturbed to protect ac....
Employment and Service matter - Re-assessment of seniority - As per Rule 3(1)(b), seniority of teachers in a grade has to be determined on basis of their substantive appointment in that grade, meanin....
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