NARAYAN SHIVARAM KULKARNI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this Writ Petition, a Sub-Inspector, in the Police Department of the State Government, has prayed for quashing the order made by the Inspector General of Police, by which respondent 4 one S.B. Shinde, is given seniority with effect from 25-2-1959, as Police Sub-Inspector and placed above the petitioner, and has also prayed for the issue of a writ of mandamus directing respondents 2 and 3 to promote the Petitioner as Sub-Inspector of Police with effect from a date prior to 25-2-1959.

(2.) The facts of the case, in brief, are as follows : The Petitioner and respondent-4 were originally head constables in the Police Department of the former State of Bombay. They stood allotted to this State, under Section 115 of the States Reorganisation Act with effect from 1-11-1956. The Petitioner was senior to respondent-4. The Petitioner was promoted as Police Sub-Inspector with effect from 14 11-1960. Respondent-4 was promoted as Sub-Inspector much later. Rut by an order made by the Inspector General of Police on 19-1-1979 (Annexure-A) respondent-4 was shown at Sl. No. 41(a) in the gradation list of Police Sub Inspectors on the ground that he was deemed to have been promoted with effect from 25-2-1959. The Petitioner claims that as respondent-4 was his junior, he was also entitled to be promoted as Sub-Inspector of Police with effect from a date earlier to 25-2-1959. In the alternative, the Petitioner has also prayed for quashing the order of the Inspector General of Police dated 19-1-1979 (Annexure-A) in which the seniority is given to respondent-4 above the Petitioner.

(3.) In the statement of objections filed on behalf of the respondents, a preliminary objection is raised with regard to the prayer of the Petitioner for retrospective promotion to the post of Sub-Inspector with effect from a date earlier to 25-2-59. The objection is that the Petition should be rejected on the ground of inordinate delay and laches on the part of the Petitioner in approaching this Court.