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NIKHIL S. KARIEL
Shabdad Shermamd Makrani – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Heard learned advocate Mr.Abhisst Thaker on behalf of the petitioner and learned Assistant Government Pleader Ms.Pooja Ashar on behalf of the respondent – State.
2. By way of this petition, the petitioner has prayed for the following reliefs:-
(B) Pending hearing and final disposal of this petition, the Hon’ble Court be pleased to direct the respondents decide the representation of the petitioner;
(C) Your Lordships may be pleased to pass such other and further order which deems to fit, just and proper in the interest of justice.”
3. It is the case of the petitioner that the petitioner had been appointed with the respondent – State as a Beat Guard, Class-III vide order dated 09.02.1973 and was promoted to the post of Forester on 13.10.1992 and whereas ultimately the petitioner had retired on attaining the age of superannuation on 31.07.2008.
3.1. The petitioner is seeking for deemed date of promotion in the post of Forester w.e.f.
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
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 ....
A litigant who delays asserting their rights for an extended period may be barred from relief, as delay defeats equity.
Belated service claims for pay increments rejected due to unexplained delay, laches and acquiescence; prolonged inaction implies consent, barring relief to uphold administrative finality.
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