LAWS(MPH)-2004-7-32

R P CHITRAKAR Vs. M P ELECTRICITY BOARD

Decided On July 15, 2004
R.P.CHITRAKAR Appellant
V/S
M.P.ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) THIS appeal is filed under Clause 10 of Letters Patent assailing order of learned Single Judge dated 23-3-1997 in M. P. No. 1234 of 1984 dismissing the writ petition.

(2.) THE factual matrix of the case necessary for deciding this appeal is that appellant in the year 1954 passed his 2 year Diploma Certificate Course in Electrical Engineering from the Lok Shiksha Vibhag, Rewa. Appellant approached to respondent to consider his case for the promotion as Assistant Engineer treating Diploma Certificate equivalent to 3 year Diploma awarded by Madhya Pradesh Board of Technical Education. The respondent turned down prayer of appellant, which order was challenged in the writ petition. The learned Single Judge found that the matter was enquired at the level of Director, Technical Education and he opined that 2 year Diploma awarded by Lok Shiksha Vibhag, Rewa in 1954 to the appellant is not recognised as equivalent to the 3 year Diploma Course of Madhya Pradesh Board of Technical Education. Apart from this the representation of appellant was rejected on 25-2-1978 and the petition which was filed on 2-5-1984, suffers laches without any explanation of delay and dismissed the petition.

(3.) LEARNED Counsel for appellant assailed the order on following grounds: