PUNJAB STATE Vs. BALDEV KUMAR JOLLY

JUDGEMENT

(1.) I am of the opinion that the appeal is liable to be allowed solely on the ground of limitation. Admittedly, the alleged junior of the respondent-plaintiff, namely Sat Paul Bhandari was promoted on 15.10.1970. It is not the case of the plaintiff that he was not aware of this Promotion. The plaintiff was promoted on 29.1.1972. Either at the time of promotion of Sat Paul Bhandari on 15.10.1970 or at the time of his own promoion an 28.1.1972, the plaintiff did not raise any objection that he should be given deemed date of promotion with effect from the date on which his junior rras promoted. The suit has been filed on 7.12.1987 i.e. nearly 15 years after the promotion of the plaintiff as S.D.C. and 17 years after the promotion of Sat Paul Bhandari. The cause of action for the plaintiff to file the suit had arisen in 1970 itself when his so-called junior was promoted to the higher post. The plaintiff kept quiet for 1-1/2 decades. Therefore the Plainthiff is guity of delay and laches. It is the duty of the Court to see whether the suit is within time or not irrespective of the fact whether such plea was taken or not. Both the Courts below have not paid their attention to this point Under Section 3 of the Limitation Act, 1963 , every suit instituted after the prescribed period shall be dismissed, although limitation has not been set-up as a defence. When the plaintiff is seeking relief of declaration that he is entitled to be promoted in 1970, the suit filed by him for that relief In 1987, is clearly barred by time. Under Articles 58 of the Limitation Act, the period of limitation for a suit to obtain a declaration is 3 years from the date when right to sue first accrues. The right to get promotion accrued to the plaintiff when his junior was first promoted i.e. in 1970. He did not object to the promotion of his junior. It was only in 1986 that he made a representation to the Chief Engineer and then in 1987 he filed the suit. Therefore, I am of the opinion that the suit is dearly barred by time and is, therefore, liable to be dismissed.