Gurdial Singh Saini v. Secretary Department Of Posts

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6107/2017 GURDIAL SINGH SAINI ..... Petitioner Through:

Mr. N.M. Popli, Adv.

versus SECRETARY DEPARTMENT OF POSTS ..... Respondent Through:

Mr. Anil Panwar, CGSC

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 24.07.2017 The petitioner has preferred the present writ petition to assail the order dated 20.01.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No.3520/2014, whereby the petitioner's O.A. has been dismissed on the ground of delay and laches. The petitioner had approached the tribunal by claiming that he had appeared in the departmental examination conducted on 30.11.1975 for promotion as Lower Selection Grade (LSG) Supervisor (full fledged) under the 1/3rd quota. The result of the said examination was published in 1976. He claimed before the Tribunal that though he had qualified in the examination, he was not granted promotion in 1976. He was, however, promoted as LSG Supervisor in the year 1978 against 20% quota for supervisors.

The petitioner, therefore, sought preponement of his promotion from 1978 to 1976. The petitioner after making representations from July 2009 to April 2014 and seeking information under the RTI Act, approached the tribunal only in the year 2014. Pertinently, the petitioner had also retired on 31.12.1994. Consequently, the OA was dismissed. We find absolutely no merit in this petition. The petitioner sought to rake up the issue of cause of action which arose in the year 1976 by preferring the O.A. only in the year 2014. The O.A. was, therefore, clearly barred by delay and laches.

Dismissed.

VIPIN SANGHI, J REKHA PALLI, J JULY 24, 2017 sr