SHASHI KHATRI Vs. M.P. STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS is writ appeal against the order dated 10.11.2009 passed in Writ Petition (S) No. 2018/2004 by the Writ Court, whereby, the petition filed by the appellant to grant promotion to the post of Office Assistant Grade II w.e.f. 1.1.1991 was dismissed. Short facts of the case are that the appellant was posted as Office Assistant Grade -III. The appellant was promoted in the year 1989 to the post of Office Assistant Grade II but due to her personal reasons, she was not able to join the promotional post, thereafter, the appellant was again promoted in the year 1997 to the post of Office Assistant Grade II. A petition was filed by the appellant in the year 2004, wherein, it was mentioned that even after repeated representations, the appellant has not been promoted right from 1991, therefore, the petition filed by the appellant may be allowed and the appellant be considered for the promotion from 1991 itself.

(2.) THE petition was opposed by the respondents on various grounds including on the ground of delay and laches.

(3.) LEARNED counsel for the appellant submits that the order passed by the Writ Court is illegal and contrary to the law, hence, deserves to be set -aside. It is submitted that the petition could not be dismissed on the ground of delay and laches as the fact has not been taken into consideration that for the first time the representation was dismissed by the respondents vide order dated 29.7.2004 and immediately thereafter the petition was filed. It is submitted that in the facts and circumstances of the case, the impugned order deserves to be quashed. Learned counsel for the appellant has placed reliance on the case of Sushil Kumar Yadunath Jha vs. Union of India and another reported in : (1986) 3 SCC 325, hence, the appeal filed by the appellant be allowed and the order passed by learned writ court may kindly be set -aside.