M D SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD on admission.

(2.) THE appellant/petitioner challenges the validity of order dated 12-11-2008, passed by the learned Single Judge in W.P. (S) No. 6297/2008, whereby, his writ petition filed under Article 226 of the Constitution of India, was dismissed on the ground of delay and laches.

(3.) IN State of Orissa Vs. Sri Pyarimohan Samantaray and others, (1977) 3 SCC 396, the petition by the Government servant, challenging seniority list was filed after 11 years of rejection of his representation and no satisfactory explanation for the delay was given. The Apex Court held that making of repeated representations, after the rejection of one representation could not be held to be a satisfactory explanation of the delay, therefore, the High Court should have rejected the petition on this preliminary ground.