BALWAN SINGH Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, petitioner seeks the relief of ante-dating of the petitioner's selection to the post of Catering Supervisor as to be w.e.f 1.9.1989 instead of from 1.9.1990.

(2.) Though there are certain earlier factual events, however the relevant facts, so far as required for decision of the present petition is concerned, start as per para 8 of the writ petition onwards. It is pleaded by the petitioner that the petitioner's ante-dating request effectively was rejected in terms of the order dated 16.2000 of the respondent/employer. Against this act of the respondent denying benefit of ante-dating of one year to the petitioner, petitioner made a representation on 17.6.2000 which was rejected on 8.8.2000 i.e around 16 years prior to today. The subsequent paragraphs of the writ petition show that subsequent and repeated representations were made by the petitioner, and which representations were rejected by the competent authority on 9.8.2001 and 5.9.2001. Thereafter, fresh representations were again made by the petitioner and which were rejected on 5.4.2006. Once again petitioner was informed by the respondent by its communication dated 19.2009 that the petitioner's case stood rejected and therefore, cannot be reconsidered. A further rejection to the same effect by the respondent of the representations of the petitioner is on 18.1.2010 as also 19.5.2015. Another rejection of the representation of the petitioner is on 4.2016. Once again, since representations were made, the respondent again rejected the representations of the petitioner on 15.3.2016.

(3.) The law of limitation applies to a writ petition vide judgment of the Supreme Court in the case of State of Orissa and Another v. Mamta Mohanty (2011) 3 SCC 436. The relevant paras of this judgment read as under:-