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1976 (11) TMI 202 - SC - Indian Laws

Issues involved:
The issues involved in this case are the promotion of a petitioner to the Indian Administrative Service, alleged supersession by juniors, delay in seeking redress, and the validity of the writ petition filed under Articles 226 and 227 of the Constitution.

Promotion Dispute:
The petitioner, a permanent member of the Orissa Administrative Service Class I, claimed he was senior to respondents 4 to 13 but was not included in the list for promotion to the Indian Administrative Service in 1960. He alleged that the list prepared in 1961 placed his name at the bottom, contrary to regulations. Despite making representations and memorials, his grievances were not addressed until he filed a writ petition in 1973.

Delay in Seeking Redress:
The Supreme Court noted an inordinate delay of eleven years from the rejection of the petitioner's representation in 1962 to filing the writ petition in 1973. The Court held that repeated representations without a satisfactory explanation did not justify the delay. The delay allowed for multiple appointments and promotions within the Indian Administrative Service, affecting the careers and benefits of other officers.

Validity of Writ Petition:
The State Government argued that the writ petition should be dismissed due to the significant and unexplained delay in seeking redress. The Court agreed with this argument, emphasizing that the High Court erred in not considering the delay as a reason for dismissal. Consequently, the Supreme Court allowed the appeal, set aside the High Court's judgment, and dismissed the writ petition without costs.

This summary highlights the key issues of promotion dispute, delay in seeking redress, and the validity of the writ petition, culminating in the Supreme Court's decision to dismiss the petition due to the significant and unexplained delay in seeking redress.

 

 

 

 

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