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A. S. SUPEHIA
DALABHAI DEVSIBHAI CHAVDA – Appellant
Versus
STATE OF GUJARAT – Respondent
Headnote: Read headnote
JUDGMENT :
A.S. SUPEHIA, J.
1. RULE. Learned AGP waives service of notice of Rule.
2. By way of the present writ petition under Article 226 of the Constitution of India, the petitioner has, inter-alia, sought a direction upon the respondents authority to grant promotion to the petitioner in the cadre of Senior Clerk w.e.f. 1994 and consequently to effect further promotion of the petitioner as Head Clerk, Office Superintendent and Accounts Officer, as per his seniority, consequent upon re-fixing the seniority of the Senior Clerk in the year 1993.
3. The brief facts of the case as enumerated in the petition are that:
Delay in filing a writ petition, especially in cases affecting third-party rights such as seniority and promotion, may render the claim stale and the doctrine of laches may be applied.
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.
Delayed claims in service matters can unsettle settled positions, making them unmaintainable without necessary parties involved.
Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.
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