Gurbax Singh v. The Food Corporation of India, Zonal Office

Present: Mr.Shyam Kumar Sharma, Advocate, for the petitioner. ***** RANJIT SINGH, J. The petitioner joined the service of Food Corporation of India as Godown Assistant on 18.5.1970. This post was re- designated as Assistant Grade-III. The petitioner was promoted as Assistant Grade-II in the year 1972 and thereafter to Assistant Grade-I in 1979. On 30.6.2008, the petitioner has retired in this rank on attaining the age of superannuation. He has now approached this court with a grievance that persons junior to him have been promoted as Assistant Manager on 14.12.2001 against the panel year of 2000 and 2001. The post of Assistant Manager was required to be re- designated as Manager (Depot). The petitioner had made first representation on 18.2.2002. The petitioner apparently was not considered as he was involved in some vigilance case. The said case ultimately led to award of penalty for recovery of a sum of `2026/- in lump-sum. Having made the representation in 2002, the petitioner did not make any move. Another junior was promoted in the year 2006. The petitioner made another representation in the year 2006, which was forwarded for consideration. The petitioner did not take any precipitate action to challenge the non-grant of promotion or non- consideration till he retired. He has even waited for three years thereafter to make the present approach. Mere filing of a representation would not condone the delay on the part of the petitioner to seek remedy. Delay will defeat equity or justice that is standing. At this stage, the petitioner cannot be heard to complain for Civil Writ Petition No.515 of 2011 : 2 : grant of promotion from 2001. Dismissed on the ground of delay. January 13, 2011 ramesh ( RANJIT SINGH ) JUDGE