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G. S. SANDHAWALIA, VIKAS SURI
Sangeeta Aggarwal – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Vikas Suri, J. - This intra-court appeal has been filed by the writ petitioners against the judgment dated 31.05.2017 passed by the learned Single Judge in CWP No.12672 of 2017 titled 'Dr. Sangeeta Aggarwal and others vs. State of Punjab and others'. The claim agitated in the writ petition was not entertained on the ground that order dated 28.02.2013 (Annexure P-25) was sought to be challenged in the year 2017 and that it was within the domain of the executive as to whether the officers or persons who have substantial part of the service career in Medical/Dental Colleges as Member of the Teaching Faculty should be repatriated or not and as such is the prerogative of the State for resolving any issue arising there from, as per the need and in public interest. It was also held that the writ petitioners could not have a lien over such posts by raking up the issue of the order dated 28.02.2013 in the year 2017.
2. The facts in brief, noticed by the learned Single Judge are that the appellants were appointed as Medical Officers (Dental) with the Department of Health and Family Welfare in pursuance to the advertisement issued by the Punjab Public Service Commission. They were gove
The main legal point established in the judgment is the significance of being vigilant in seeking judicial redress, the impact of waiver and acquiescence on the relief sought by the petitioners, and ....
The principle of acquiescence and delay in seeking judicial redress, especially in policy matters affecting a class of persons, was established by the court.
The main legal point established in the judgment is that the appellant was not entitled to antedated appointment, and the principle of res judicata did not apply to the subsequent writ petitions file....
The main legal point established in the judgment is the prohibition for retrospective promotion under the Karnataka State Civil Services Act and Rules, and the significance of seniority in determinin....
The court upheld the validity of appointments made under the reservation policy, emphasizing that claims regarding seniority must be raised timely and that errors in selection processes should not pe....
Long-settled service positions via departmental recognition of appointments, seniority, and promotions over a decade cannot be disturbed on debatable cadre interpretations or disputed eligibility fac....
The principle of res judicata bars the respondents from raising any objection with regard to the legality of the appointments of the petitioners.
The court upheld the validity of appointments made under the reservation policy, emphasizing that challenges to such appointments after a significant delay are barred by principles of delay and lache....
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