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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI,
Jitendra Narayan Pandey – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
SANJAY DWIVEDI, J.
1. Pleadings are complete. The counsel for the parties agreed to argue the matter finally, accordingly, it is finally heard.
2. By the instant petition filed under Article 226 of the Constitution of India, the petitioner has claimed that his superannuation vide order dated 16.10.2014 and the order dated 06.06.2015 be declared bad in law and promotion granted to respondent Nos.4 and 5 be set aside.
It has also been claimed that the order rejecting the representation of the petitioner vide order dated 28.01.2021 be also set aside and it be directed that the case of the petitioner be considered for promotion to the post of Superintending Engineer without considering the adverse ACRs for the years 2011 to 2013 and as such, he be promoted w.e.f. 16.10.2024, the date when respondent No.4 was promoted superseding the petitioner or he be granted promotion w.e.f. 06.06.2015 when respondent No.5, who was junior to him, was promoted after superseding the petitioner and the petitioner be granted all consequential benefits.
Although, this fact has been denied by the respondents and they have contended that the petition suffers from delay and laches and as such, petition c
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
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 ....
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....
A stale claim for promotion and benefits cannot be revived after significant delay; acquiescence and laches bar relief.
Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.
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