QIMTI LAL JAIN Vs. POWER UTILITY COMPANY LTD.

JUDGEMENT

(1.) The present writ petition is filed for directing respondent Nos.1 and 2 to consider the case of the petitioner for promotion as Junior Engineer Grade I when junior persons were promoted as JE Class-I on dated 19.07.1979 and as Assistant Engineer on dated 07.01.1988.

(2.) Admittedly, the petitioner retired in the year 2003. He neither claimed his seniority while he was in service nor after his retirement. He approached the Court for the first time when he filed an earlier writ petition bearing CWP-28510-2018, which was disposed of on 12.11.2018 by directing the respondents to look into the representation dated 30.04.2015 and legal notice dated 16.06.2015. The said representation/legal notice have been dismissed on the ground of delay and latches. This Court in the case of O.P. Sardana v. Haryana Sahari Vikas Pradhikaran and others, CWP No.37452 of 2019, decided on 29.01.2020, held as under:

(3.) The issue of delay after taking into consideration the judgment rendered by the Hon'ble Apex Court in the case of M.R. Gupta v. Union of India and others, 1995 (4) RSJ 502, and placing reliance on the judgment rendered by the Hon'ble Apex Court in the case of Jagdish Lal v. State of Haryana, (1997) 6 SCC 538, the Co-ordinate Bench of this Court in the case of Prem Nath and others v. State of Punjab and others, CWP No.9025 of 2016, decided on 14.07.2017, dismissed the petition on the question of delay, wherein the petitioner chose to agitate only after the retirement, by observing as under:-