M.P. Palanisamy & Ors vs A. Krishnan & Ors on 15 May, 2009
Learned Single Judge may have found justification in the
appellant's grievance claiming promotion from the date when the erstwhile
junior was promoted from the integrated seniority list; or that the 1994
Regulations could not have been changed merely on administrative
instructions or by orders issued by the Chief Engineers of the respective
wings but the appellant was non suited on delay, laches and operation of bar
of period of limitation. In a matter of promotion based on seniority, the
delay of 7 or 9 years can be regarded as fatal. Learned Single Judge has
relied upon M.P. Palanisamy v. A. Krishnan 2009 (6) SCC 428 and K.A.
Abdul Majeed v. State of Kerala 2001(6) SCC 292 to deny relief to the
appellant on ground of delay.