Back
DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
P.S. Slaria – Appellant
Versus
Sashastra Seema Bal – Respondent
| Table of Content |
|---|
| 1. promotion dispute timeline and seniority. (Para 1 , 2) |
| 2. arguments regarding delay and maintainability. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. dismissal of petition. (Para 9) |
1. Vide the present writ petition, petitioners are seeking parity as regards their promotion to the post of Commandant on 31.12.2013 and to the post of Deputy Inspector General on 04.05.2018, at par with Mr. V. Vikraman who was junior to the petitioners alongwith all the benefits from the said dates; quashing of impugned memorandum dated 10.09.2021 issued by Deputy Inspector General (Pers.) of respondent No.1.
2. The case of the petitioners is that the petitioner No.1 was senior to the respondent No.2 as he was promoted to the post of Deputy Commandant on 16.06.2006 and Second-in-Command on 03.12.2009 whereas respondent No.2 was promoted to the post of Deputy Commandant on 14.11.2007 and Second-in-Command on 14.10.2010. Thereafter, though the respondent No.2 was promoted to the post of Commandant on 31.12.2013, however, despite the petitioners being seniors, they were not promoted. Further, the petitioners were superseded by respondent No.2 who was promoted as DIG on 04.05.2018 wh
The court emphasized that delays in pursuing promotion claims under Article 226 undermine the validity of such petitions, reinforcing discretion in granting relief based on timeliness.
Entitlement to promotion against a specific vacancy year is contingent upon a junior's promotion preceding the claimant's promotion.
The punishment of 'censure' cannot be used as a ground for denial of promotion, and delay and latches cannot be pleaded against the petitioner.
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
Aggrieved persons must approach the appropriate forum within a reasonable period of time from the date of cause of action, and potential impact on third-party rights may be considered in granting rel....
Aggrieved persons must approach the appropriate forum within a reasonable period of time, and the potential impact on third-party rights and administrative chaos should be considered in granting reli....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
