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DELHI HIGH COURT
JYOTI SINGH
Ram Murti Bansal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. mandamus for promotion. (Para 1) |
| 2. delay and laches affect writ petitions. (Para 2 , 4 , 5) |
| 3. awareness of non-promotion. (Para 3 , 7) |
| 4. seniorities and established rights should not be disturbed. (Para 6) |
| 5. discretionary nature of article 226 powers. (Para 8 , 9) |
| 6. writ petition dismissed. (Para 10) |
JUDGMENT
Jyoti Singh, J. (Oral)--Present writ petition has been filed seeking a writ of Mandamus to Respondent No. 2 to consider the Petitioner for promotion from E-4 to E-5 level w.e.f. 01.01.1999, along with all consequential benefits.
2. Preliminary objection has been raised on behalf of the Respondents to the maintainability of the writ petition on the ground that it is barred by delay and laches, as a period of nearly 21 years has elapsed from 1999, when allegedly the cause of action arose in favour of the Petitioner.
3. Petitioner was appointed as Administrative Officer (Vigilance) in ONGC on 19.02.1983 at E-1 level and was subsequently promoted on 01.01.1987, 01.01.1992 and 01.01.1996 to E-2, E-3 and E-4 levels, respectively. The grievance of the Petitioner is that he was entitled to promotion to the E-5 level w.e.f. 01.01.1999 and despite being eligible, e
Inordinate delay and laches in seeking promotional relief, especially after a substantial period impacting established seniority, bar judicial intervention under Article 226.
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....
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
The court emphasized the principle of delay and laches, highlighting that unexplained delay in approaching the court may hinder the exercise of equitable jurisdiction. It also clarified the condition....
The punishment of 'censure' cannot be used as a ground for denial of promotion, and delay and latches cannot be pleaded against the petitioner.
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