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NAMIT KUMAR
Ram Mehar Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Namit Kumar, J.
This Regular Second Appeal is directed against the judgment and decree dated 06.10.1997, passed by the Court of learned Additional District Judge, Rohtak, whereby appeal filed by the respondents-State has been accepted and judgment and decree dated 03.02.1996, passed by the Court of learned Additional Civil Judge (Senior Division), Rohtak, whereby suit of the appellant-plaintiff for declaration was decreed, has been reversed.
2. Parties to the lis are being referred as per their status before the trial Court. Brief facts of the case are that plaintiff filed a suit for declaration with consequential relief of mandatory injunction pleading therein that he was appointed as T-mate by defendants no.1 on 02.01.1978and since then he has been performing his duty honestly, efficiently and to the satisfaction of his higher authorities. The service record of the plaintiff is good and there is no complaint against him during the service period. He is senior to defendant no.3, according to the seniority list circulated by the department. In violation to the seniority list, defendant no.2 has promoted defendant no.3 - Paras Ram, T-mate, to the post of Operator illegall
A suit for declaration challenging a promotion is time-barred if filed beyond the statutory limitation period of three years, and promotions must adhere to qualifications and conduct.
A suit challenging disciplinary orders is barred by limitation if not filed within three years, and due process must be followed by the employer in disciplinary actions.
Settled seniority cannot be disturbed after a significant delay without timely objections to established seniority listings.
The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.
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