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1974 (10) TMI 102 - SC - Indian Laws

Issues involved: Promotion, Relaxation of rules, Delay in approaching the Court

Promotion Issue: The appellant, a Junior Engineer, was aggrieved by the promotion of the 2nd respondent as Divisional Engineer in 1957 by relaxing the rules, which was not considered for him. The Court noted that the relaxation was given only to overseas scholars, and the appellant should have approached the Court in 1957 itself if aggrieved. The Court emphasized that challenging promotions should be done promptly, and delay in questioning promotions weakens the case. The Court held that it was difficult to consider relaxation of rules in 1957 after so many years, and the government's decision not to relax rules for anyone except overseas scholars was valid. The Court concluded that the appellant's petition challenging promotions should have been dismissed promptly, and entertaining such petitions wastes the court's time.

Relaxation of Rules Issue: The appellant contended that the relaxation of rules for the 2nd respondent in 1957 was arbitrary as his case was not considered for similar relaxation. The Court observed that the government's decision not to relax rules for anyone except overseas scholars was a valid policy choice. The Court emphasized the importance of approaching the Court promptly in case of grievances related to relaxation of rules for promotions. The Court held that challenging relaxation of rules after a significant delay was not appropriate and dismissed the appellant's petition.

Delay in Approaching the Court Issue: The Court highlighted the importance of timely approach to the Court in cases of promotions and relaxation of rules. The appellant's delay in questioning promotions and relaxation weakened his case. The Court noted that the appellant did not challenge promotions of his juniors over the years, and approaching the Court after a long delay was not justified. The Court emphasized that allowing stale claims to unsettle settled matters hampers the court's work and should be discouraged. The Court upheld the dismissal of the appellant's petition and appeal, stating that such delays in approaching the Court for relief should be avoided to maintain the efficiency of the judicial process.

 

 

 

 

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