VINAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) In the instant petition, petitioners have assailed the order of the Tribunal dtd. 30/1/2020 passed in O.A. No. 050/00642/2016.

(3.) Grievance of the petitioners are that they are entitled to promotion to the post of Driver Grade-II w.e.f. 1/4/2013 and they have been given promotion on 24/7/2014. To rectify the date of promotion dtd. 24/7/2014 for the first time representation was submitted on 9/9/2015 and 7/6/2016 and it was rejected on 22/1/2016 and 16/8/2016 respectively. Petitioners had cause of action on 1/4/2013, the date on which their names were required to be considered for the purpose of promotion to the post of Driver Grade-II. They did not agitate their right at the relevant point of time. Department promoted petitioners on 24/7/2014. Thereafter, they did not immediately approach the authority to rectify the date of promotion from 24/7/2014 to 1/4/2013. On the other hand, they have submitted representations on 9/9/2015 and 7/6/2016. The same were rejected on 22/1/2016 and 16/8/2016 respectively. In this backdrop, petitioners have presented O.A. No. 642 of 2016 and it was rejected on 30/1/2020. On the question of delay in seeking promotion to the post of Driver Grade-II. In other words, cause of action accrued on 1/4/2013 and further cause of action accrued on 24/7/2014, the date on which petitioners were promoted to the post of Driver Grade-II. They did not agitate their rights immediately having regard to the dates and events.