ARABINDA CHANDA Vs. REGIONAL DIRECTOR O N G C LTD

JUDGEMENT

(1.) This writ appeal has arisen under the following tacts and circumstances:- the appellant as writ petitioner had filed Writ Petition No. Civil Rule 363 of'1996 in (this Court on 5.8. 1996 with a prayer to direct the respondents to consider him for promotion to the post of Junior Engineer (Electronics) with effect from 15.6.1989 with all the arrears of salary from the date on which the respondent No. 3. allegedly junior to the petitioner, was so promoted.

(2.) It was alleged in the writ petition that the writ petitioner (now appellant) was working as Junior Technician (Electronics) with the respondents. He, pursuant to a circular dated 18.1.1989, for promotion to the posts of Junior Engineer (Electronics), had applied for the said post but was not called for interview whereas the respondent No. 3 along with other eligible candidates were called for interview and on the basis of the interview conducted the respondent No. 3 had been appointed as Junior Engineer (Electronics).

(3.) The learned Single Judge has non suited the appellant (writ petitioner) on the ground of delay and laches. Since the promotion was being sought for w.e.f. 15.6.1989 and the writ petition was filed in the year 1996, according to the learned Single Judge, the writ petition was highly belated and no explanation was coming forth for approaching the writ Court at such a belated stage. The explanation that was given before the learned Single Judge was that the writ petitioner (now appellant) had received the reply from the respondents only on 22.4.1996 and there was no earlier occasion to file the writ petition. This explanation did not find favour with the learned Single Judge. Hence the present appeal.