Back
NAMIT KUMAR
Gurdev Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Namit Kumar, J. (Oral)
The petitioner has approached this Court by way of filing instant petition under Articles 226/227 of the Constitution of India seeking writ in the nature of Certiorari for quashing of the order dated 14.03.2024 (Annexure P-9) passed by Respondent No.3, whereby his claim for ante dated promotion to the post of Mandi Supervisor-cum- Fee Collector w.e.f. 25.01.2014, has been rejected and further a writ of mandamus has been sought directing the respondents to consider him for promotion to the post of Mandi Supervisor-cum- Fee Collector w.e.f. 25.01.2014, against a reserved category post, as per Roster Points and grant him further promotion to the post of Accountant by counting his experience as Mandi Supervisor-cum- Fee Collector w.e.f. 25.01.2014 and quash the resolution dated 28.05.2012 (Annexure P-3) whereby Respondent No.6 - Kulwant Singh was promoted against reserved category post.
2. The brief facts, as have been pleaded in the writ petition, are that the petitioner was appointed as Clerk in the Market Committee Lohian Khas, District Jalandhar, vide appointment letter dated 17.01.2008 (Annexure P-1) and joined, as such, on 22.01.2008. He was furt
Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
A stale claim for promotion and benefits cannot be revived after significant delay; acquiescence and laches bar relief.
The court emphasized the principle of delay and laches, highlighting that unexplained delay in approaching the court may hinder the exercise of equitable jurisdiction. It also clarified the condition....
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
Continuing wrong in promotion denial causing recurring seniority/financial loss overrides delay/laches; backdated promotion for seniority granted without arrears, extending parity to eligible overloo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
