Ram Abhilash Tiwari vs State Of U.P.Thru ...
2021 Latest Caselaw 10166 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 269 of 2021
 

 
Appellant :- Ram Abhilash Tiwari
 
Respondent :- State Of U.P.Thru Prin.Secy.Irrigation Deptt. Lucknow & Ors.
 
Counsel for Appellant :- Mahesh Kumar Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the appellant as well as learned Standing Counsel appearing on behalf of the State Authorities.

This intra court appeal has been filed under Chapter VIII Rule 5 of Allahabad High Court Rules, challenging the judgment and order dated 16.07.2021, passed by learned Single Judge in Writ Petition No.16101 (SS) of 2020; Ram Abhilash Tiwari Vs. State of U.P. and others, whereby the writ petition preferred by the appellant-petitioner has been dismissed on the ground of unexplained delay and latches of 12 years.

Learned counsel for the appellant-petitioner submits that the writ petition was filed seeking direction to the respondents for considering the appellant for promotion on the post of Seench Paryavekshak, Irrigation Department from 30.05.2005. It is submitted that one Dharam Raj had also made representation seeking promotion on the said post, which was allowed vide order 8.3.2018, whereas the representation of the petitioner was rejected in most discriminatory manner.

We have considered the submissions made by parties' counsel and gone through the records.

The learned Single Judge has taken note of the fact that the appellant-petitioner is claiming promotion from the date when his juniors were allegedly promoted in the year 2005. The representation preferred by the appellant-petitioner has been rejected. Relying on the judgment passed by Hon'ble Apex Court in the case of Union of India Vs. C. Girija and others; 2019 (1) ESC 143 the learned Single Judge has dismissed the writ petition on the ground of delay and latches of twelve years, which are unexplained.

So far as the claim of the appellant that one Dharam Raj was promoted in the year 2018 is concerned, suffice is to note that in case some wrong has been done that will not confer any right on the appellant-petitioner to claim parity. The appellant-petitioner did not approach the court in time. In the case of Union of India Vs. Girija and others (supra) it has been held by the Apex court that in the matter of promotion the concerned person shall approach the court within a reasonable time at least within six months or at the most a year of such promotion.

We do not find any infirmity or illegality in the view taken by learned Single Judge.

The special appeal being devoid of merit is dismissed.

.

(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.)

Order Date :- 12.8.2021

Ram.