Rajasthan High Court - Jaipur
Kamal Kumar vs State Of Raj & Anr on 10 May, 2013
Author: Mn Bhandari
Bench: Mn Bhandari
THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Civil Writ Petition No. 13562/2011 Kamal Kumar versus State of Rajasthan & anr 10.5.2013 HON'BLE MR. JUSTICE MN BHANDARI Mr Laxmikant Sharma for Mr Lokesh Sharma for petitioner(s) BY THE COURT:
It is a case of the year 2011 and it has not yet been admitted.
By this writ petition, a direction is sought for appointment of the petitioner as Printer Gr II. It is precisely on the ground that number of posts are lying vacant thus should be filled by the respondents and for compliance of earlier judgment dated 3.1.2003. Respondents prepared a seniority list where name of the petitioner was placed at serial No.6. The post of the Printer Gr II, requires qualification of Apprentice Trainee, which is possessed by the petitioner thus should have been considered for promotion.
The claim is based on annexure-3 where certain persons have been given promotion, but I find that the aforesaid order was passed in the year 2004 whereas petition was preferred in the year 2011. Even if judgment dated 3.1.2003 passed by this court in the case of Govind Prasad Saini versus State of Rajasthan & anr, SB Civil Writ Petition No. 2462/1998 is looked into, it was a case where remedy was taken at the earliest and direction for promotion was given as person junior was promoted. The case in hand is not of that nature. To approach the court for promotion with a delay without proper explanation is fatal in view of the judgment of the Hon'ble Supreme Court in the case of Dayaram Asanand versus State of Maharashtra & ors, reported as AIR 1984 SC 850 and PS Sadasivaswamy versus State of Tamil Nadu, reported as AIR 1975 SC 2271. In the case of PS Sadasivaswamy, it was observed by the Hon'ble Apex Court that a person aggrieved by an order prompting a junior over his head should approach the court within six months or at the most a year of such promotion. Accordingly, belated writ petition filed by the petitioner cannot be accepted. In any case, it is disposed of with an observation that if posts are lying vacant then respondents are expected to fill it as per rules.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-J