UDAYKUMAR D JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application is filed by the petitioner for review of the order dated 05. 08. 2002 dismissing Special Civil Application No. 5255 of 2002 which was directed against the order dated 31. 08. 2001 of Central Administrative Tribunal, Ahmedabad Bench in Original Application No. 773 of 1995.

(2.) THE petitioner was directly recruited in Gujarat Police Service as Deputy Superintendent of Police in the year 1979. According to the petitioner, he was eligible for being considered for promotion to IPS after completion of eight years service, i. e. in the year 1987, but the authorities did not consider his case when Departmental Promotion Committee (DPC) met in 1987. The DPC did not meet in the years 1988, 1989 and 1990. When the DPC met in 1991, the petitioner's case was considered and he was promoted to IPS in the year 1991. By order dated 30. 5. 1994, the petitioner was given the year of allotment which was fixed as 1987. The petitioner, thereafter, filed the above-numbered original application before the Tribunal on 07. 09. 1995 claiming seniority with effect from an early date and consequential benefits. By judgment dated 31. 08. 2001, the Tribunal dismissed the said original application on the ground of delay and laches.

(3.) IN the present review application, the applicant has submitted that the aforesaid order dated 05. 08. 2002 dismissing the petition is required to be reviewed, mainly on the ground that the contentions which were raised in the memo of writ petition were not considered by this Court while dismissing the petition, particularly the grounds mentioned in paragraphs 4 (E), 4 (F), 4 (G), 4 (H) and 4 (I ). Mr. Abhilash Clerk, learned counsel for the petitioner, has submitted that the Tribunal substantially erred in proceeding on an assumption that the cause of action arose in the year 1988. It is vehemently submitted that the cause of action arose only after the authorities passed the order dated 30. 05. 1994 fixing the petitioner's year of allotment as 1987. It is submitted that the original application filed before the Tribunal on 7. 09. 1995 cannot be said to be barred by delay and laches.