SUBIMAL MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The Court : Six writ petitioners by this writ petition filed in the year 1991 challenged supersession by junior cadre being the respondent No. 6 firstly in the year 1965, secondly in the year 1982 and thirdly in 1987. As there is no service condition and/or Rules framed by the Company the Central Government Rules pertaining to the Government Employees have been made applicable in the case of the employees working under the respondent's Corporation. From the affidavit-in-opposition it appears that the said Corporation gave promotion to the respondent No. 6 in supersession of the petitioners on the basis of "merit-cum-qualification" as explained in paragraph 5(a) of the said affidavit. Mr. Bose appearing for the writ petitioners has submitted that there has been representation made by the writ petitioners from time to time coupled with assurance given by the Corporation that their case would be considered in due time and as such the writ petitioners did not approach this Court earlier. According to Mr. Bose the delay in coming to Court has been explained sufficiently in paragraphs 26 and 27 of the writ petition which are set out hereunder:

(2.) Mr. Bose has further contended that there has been similar injustice done to other set of employees of the said Corporation. However, their cases were considered subsequently and refixation has been done by the Corporation as would appear from the several orders appearing at pages 42, 43, 44 and 45 of the writ petition. Mr. Bose in support of his contention has cited the following decisions:

(3.) The first two decisions cited by Mr. Bose relate to the delay in approaching to this Court. Paragraph 2 of the first decision [(1998) 8 SCC 685 (supra)] is relevant herein and is quoted below: