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BIREN VAISHNAV, PRANAV TRIVEDI
State Of Gujarat – Appellant
Versus
Barot Trikambhai Dungarbhai – Respondent
JUDGMENT :
(Pranav Trivedi, J.)
1. The present Letters Patent Appeal under Clause 15 of the Letters Patent assails the correctness and validity of the order passed by the learned Single Judge on 05.04.2016 in Special Civil Application No.533 of 2014.
2. The prayer as prayed for by the respondent – original writ petitioner in Special Civil Application No.633 of 2014 was to direct the authorities forthwith to give deemed date of promotion of 01.06.1983 to the petitioner in the cadre of Clerk (Class-III) and to give all consequential benefits together with interest @ 18% per annum to the petitioner. It was also prayed to direct the authorities to forthwith give deemed date of promotion in the cadre of Clerk (Class-III) as given to his junior Mr. Shanabhai Hathibhai Khant.
3. The learned Single Judge, after considering the arguments canvassed by both the parties, was pleased to allow the writ petition and grant the relief as prayed in the writ petition. Therefore, the learned Single Judge directed to give the deemed date of promotion on 01.06.1983 to the original petitioner in the cadre of Clerk (Class-III) with all consequential benefits including the pension but without any interest. Th
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
The main legal point established in the judgment is that delay and laches can lead to a waiver of rights, and a petition filed after a significant delay without reasonable cause may be rejected by th....
Point of Law : Doctrine of delay and laches should not be lightly brushed aside. A writ court is required to weigh the explanation offered and the acceptability of the same. The court should bear in ....
While exercising extraordinary jurisdiction under Article 226 of Constitution; delay defeats equity and delay cannot be brushed aside without any plausible explanation.
The High Court may refuse to exercise discretionary writ jurisdiction under Article 226 of the Constitution in cases involving inordinate, unexplained delay (laches), particularly when the claim seek....
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