Y RAMAMOHAN Vs. GAVERNMENT OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the impugned order of the Tribunal in OA No. 612 of 1990. By the impugned order, the Tribunal rejected the claim of the appellants solely on the ground of delay and laches on the part of the appellants in approaching the Tribunal. The appellants are promotee officers to the Indian Forest Service, and on promotion they have been allotted 1976 as the year of allotment. Their seniority has been determined by treating them to be 1976 allottees, and the common gradation list was prepared as early as on 3-5-1983. The year of allotment in favour of the appellants in the year 1976 was assailed before the Tribunal by the direct recruits in OA No. 611 of 1986, and the present appellants were arrayed as party respondents in the same. That application was dismissed by the Tribunal on the ground that the direct recruits have approached the Tribunal after a long lapse of time, obviously, contentions being raised on behalf of the present appellants, who were respondents therein. There is a positive finding in the earlier order of the Tribunal that the Principal Chief Conservator of Forests has, in fact, communicated the common gradation list in his proceedings dated 3-5-1983. Subsequent to the order of the Tribunal in the earlier case, the appellants appear to have filed a representation before the Central Government seeking allotment year of 1974, and that representation having been rejected, they approached the Tribunal in 1990. The Tribunal in the impugned order came to the conclusion that the applicants having approached the Tribunal after a long lapse of time, there has been gross laches and as such, the same should not be entertained. It is this order of the Tribunal which is being assailed in this appeal.

(2.) MR Gururaja Rao appearing for the appellants vehemently contended that the Tribunal was not justified in dismissing the application on the ground of laches on the part of the appellants, particularly when there is a positive assertion of the appellants that they did not know of the earlier gradation list prior to the order of the Tribunal in the earlier case filed at the instance of the direct recruits. Even if that is assumed to be correct, notwithstanding a positive finding of the Tribunal in the earlier proceedings wherein the appellants were party respondents to the effect that the Principal Chief Conservator of Forests has, in fact, communicated the common gradation list dated