Dismissed

Manohar Singh v. NTPC Ltd.

Delhi HC6 May 2019W.P.(C)/4801/2019

Case brief

AI extract

What is this about?

The court dismissed a writ petition filed by a retired employee seeking re-examination of his promotion case with retrospective effect from 2002. The court held that the inordinate delay of over 18 years was fatal to the claim, and the matter could not be revisited.

What did the court decide?

The petition seeking direction to review the promotion case and grant promotion with retrospective effect is dismissed.

Manohar Singh Vs NTPC Ltd. — Pension and Retirement Benefits | Delhi HC (2019)

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$~38

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 4801/2019 MANOHAR SINGH ..... Petitioner Through: Petitioner in person versus NTPC LTD ..... Respondent Through: Mr. Puneet Taneja and Mr. Manmohan Singh Narula, Advocates

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CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT O R D E R % 06.05.2019

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Vide the present petition, the petitioner seeks a direction thereby directing the respondent to dispose of the representation dated 24.11.2018 made by the petitioner.

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It is pertinent to mention here that vide the aforesaid representation, the petitioner has requested the respondent that the entire case of the petitioner for promotion to E-5 Grade be reassessed/reviewed and graciously promote him to E-5 Grade w.e.f. 01.01.2002.

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It is not in dispute that the petitioner got promotion as Supervisor Grade-I w.e.f. 01.01.1985, then Assistant Engineer (Safety) E-1 w.e.f. 01.01.1988 and thereafter, on 01.01.1992 Engineer (Safety)/E-2. The next promotion of the petitioner is Sr. Engineer (Safety)/E-3 w.e.f. 01.01.1995 and Dy. Manager (Safety)/E-4 w.e.f. 01.01.1999. Thereafter, the petitioner retired in the year 2003.

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The case of the petitioner is that the ACRs for the year 1999 onwards, have not been communicated to the petitioner and he was due for the promotion in the year 2002, but not promoted to the post of Manager Grade/E-5.

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This Court made a specific query from the petitioner whether any of the Juniors to the petitioner was promoted before the year 1999. He replied in affirmative and stated that in the year 1998, his junior was promoted but he did not challenge the same. Now, he has made a representation on 24.11.2018 to review his entire case and given promotion from the year 2002 as he became eligible in the said year.

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The petitioner is appearing in person and before that, the petitioner filed W.P.(C) 1429/1979 regarding change of cadre and promotion. The said petition was dismissed. Thereafter, an LPA was filed by the petitioner bearing LPA No. 216/1980 and the same was allowed vide order dated 05.11.1999. Thereafter, the Department issued an order in the year 2002. Thereafter, the petitioner did not file the petition before this Court asking the review of the case of the petitioner for promotion as he claims that he is due for the promotion from the year 2002.

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Thus, there is an inordinate delay of more than 18 years, which is hit by delay and latches .

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Accordingly, I hereby dismiss the present petition.

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SURESH KUMAR KAIT, J

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MAY 06, 2019 rhc

Manohar Singh v. NTPC Ltd.

Case brief

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Manohar Singh v. NTPC Ltd.

Case brief

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