C SAKTHIVEL Vs. GOVERNMENT OF PUDUCHERRY

JUDGEMENT

(1.) The appellant, challenging the promotion given to the respondents 5 to 7 herein as Loan Inspector Grade-I by the proceedings dated 22.6.1998 and the promotion given to the 8th respondent as the Loan Inspector Grade-I by the proceedings dated 3.3.1999 and the further promotion given to the 5th respondent as the Development Officer (ad hoc) by the proceeding dated 2.3.1999, has filed W.P. No. 33723 of 2007 before this Court and a learned single Judge of this Court has dismissed the said writ petition on ground of laches. Aggrieved, the present writ appeal has been filed by the writ petitioner/appellant.

(2.) No doubt, in the case on hand, the delay is glaring. To explain, the appellant is challenging the promotions given to the respondents 5 to 8 during the years 1998 and 1999, by filing a writ petition in the year 2007 i.e. after a lapse of 9 years, which has prompted the learned single Judge to dismiss his claim on ground of laches.

(3.) There cannot be any exception to the settled legal proposition that delay defeats equity. But, whether the delay alone would prevent a person from seeking his substantial rights has to be considered with regard to the facts and circumstances of each case and if the delay has been properly explained by the party knocking the doors of the Court and if the reasons for such delay are beyond the control of such a party, the same cannot be put against the rightful claim of an individual.