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2025 Supreme(Online)(CHH) 581
HIGH COURT OF CHHATTISGARH
Shri Ramesh Sinha, CJ, Shri Ravindra Kumar Agrawal, J
ANURAG SHARMA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WA/199/2025
Mr. Sharad Mishra, Advocate; Mr. Sangharsh Pandey, Government Advocate.
Delay in seeking promotion claims can bar relief, especially when affecting others' rights, emphasizing the importance of timely action in service matters.
Headnote:(A) Rules, 2007 - Promotion - Delay and laches - The appellant, a Sub Engineer, sought promotion to Assistant Engineer after completing 8 years of service, but faced delays despite eligibility. The learned Single Judge dismissed the writ petition on grounds of delay, citing the doctrine of delay and laches. (Paras 3, 5, 12, 13)
(B) Legal principles - The court emphasized that delay in seeking remedy can bar claims, especially in service matters affecting others' rights. The appellant's failure to explain the delay was pivotal in the dismissal. (Paras 9, 12)
Facts of the case:
The appellant was denied promotion despite eligibility and timely reminders to authorities. The writ petition was filed four years after the promotion eligibility date.
Findings of Court:
The learned Single Judge found no merit in the appellant's claims and dismissed the petition based on delay and laches.
Issues: The main issues were whether the delay in filing the writ petition was justified and if the learned Single Judge erred in dismissing the petition.
Ratio Decidendi: The court upheld the principle that delay in seeking relief can undermine claims, particularly in service matters, and the appellant's inaction contributed to the dismissal.
Result: Writ appeal dismissed.
Per Ramesh Sinha , Chief Justice
24 .03.2025
1. Heard Mr. Sharad Mishra, learned counsel for the appellant. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State.
2. The present intra Court appeal has been filed by the appellant against the order dated 14.01.2025 passed by the learned Single Judge in WPS No. 7209 of 2018 (Anurag Sharma vs. State of Chhattisgarh & Others), whereby the learned Single Judge has dismissed the writ petition filed by the appellant/writ petitioner herein.
3. Learned counsel for the appellant submits that the appellant is a degree holder of Bachelor in Engineering (B.E.), was initially appointed on 11.05.2006 on the post of Sub Engineer at Nagar Palika Nigam, Beergaon where he was working efÏciently, diligently, sincerely and with due honesty to the satisfaction of his superior authorities. In the year 2015, proceedings for departmental promotion to the post of Assistant Engineer from the post of Sub Engineer were initiated and in connection therewith, the Chief Municipal OfÏcer, Nagar Panchayat, Simga directed the appellant to submit his year wise confidential reports and description of his immovable property in the Directorate of Urban Administration and Development, which accordingly submitted by the appellant. He further submits that despite submission of all the relevant documents when no promotion was being granted to the appellant, he submitted a reminder letter on 21.04.2017 to respondent No. 4 stating therein that delay in promotion of the appellant, despite he being fully eligible, is affecting his service career adversely and thereafter, also he kept on reminding the respondent authorities for grant of promotion to him to the post of Assistant Engineer. However, as despite the appellant being fully eligible for promotion to the post of Assistant Engineer and submission of representations/reminders to the respondent authorities in this regard and there being various circulars of the department for filling up the promotional posts, the respondent authorities are not paying any heed to the request of the appellant, which is adversely affecting the service prospects, including the seniority, of the appellant.
4. It is further stated by the learned counsel for the appellant that the appellant preferred a writ petition bearing WPS No. 4162 of 2018, whereby this Court by vide order dated 26.06.2018 has disposed off the petition with the direction that the Director, Urban Administration and Development Department to take appropriate steps regarding the aforesaid/recommendation within six weeks from the date of receipt of copy of this order according to the law and procedure. He also stated that in compliance to the order passed by this Court, the appellant vide order dated 28.07.2018 has been given promotion to the post of Assistant Engineer from the date of passing of the order dated 28.07.2018 in defiance to the Rule 10(1) Schedule III of the Rules, 2007 whereby he ought to have been promoted to the post of Assistant Engineer from May, 2014 after completion of 8 years of the service on the post of Sub- Engineer. Being aggrieved by the said illegal, arbitrary and erroneous action of the respondent authorities, the appellant filed a writ petition bearing WPS No. 7209 of 2018. The learned Single Judge vide order dated 14.01.2025 dismissed the said writ petition filed by the appellant.
5. Learned counsel for the appellant would submit that the impugned order dated 14.01.2024 passed by the learned Single Judge is illegal, erroneous, perverse. He further submits that promotion to the post of Assistant Engineer is to be made on the basis of completion of 08 years of qualifying services as per Rules, 2007 on the post of Sub-Engineer and as the appellant possesses the requisite qualification, the respondent authorities ought to have considered him for promotion from the month of May, 2014 i.e. from the month he has completed 08 years of services on the post of Sub-Engineer.
6. It
