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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Union of India – Appellant
Versus
Mahavir Singh – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. delay in filing the petition (Para 3) |
| 3. court's analysis on service counting (Para 4 , 5) |
| 4. dismissal of the writ petition (Para 6) |
JUDGMENT
Rajiv Shakdher, J. (Oral)--This writ petition has been preferred against the order dated 17.05.2017, passed by the Central Administrative Tribunal [in short "the Tribunal"] in O.A. No.119/2016.
2. Mr S. K. Gupta, who appears on behalf of respondent no.1 i.e., the contesting respondent/original applicant, informs us that partial relief has already been granted to the said respondent i.e., respondent no. 1.
2.1. In this context, Mr Gupta, learned counsel for the respondent no. 1, has placed before us a copy of the promotion order dated 12.12.2018, whereby respondent no. 1, amongst others, has been accorded the Selection grade [Non-Functional Selection Grade (NFSG)] (Level 13 in the pay matrix) (Pay Band-4 of Rs.37,400-67,000/- + Grade Pay of Rs.8,700/-) (Pre-revised), w.e.f. 01.01.2014.
2.2. Mr Gupta informs us that this promotion order was passed after a contempt petition was instituted.
2.3. Furthermore, he informs us that a second contempt petition has been filed, which is w
Delay in approaching the court for promotion-related grievances, especially when part relief is already granted, is unacceptable, and the Tribunal's discretion in service counting under recruitment r....
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.
Timely promotions must be granted to eligible applicants without prejudice due to assessment delays, following established precedents.
The main legal point established is that 'sufficient cause' for condonation of delay should arise post the order being challenged and continue until the filing of the application, and the extension o....
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