It is submitted that learned Single Judge was swayed by the fact that the petitioner, who is a respondent before us, was a gold medalist and a topper of Diploma in Cost and Works Accountancy passed from Jodhpur University. As per the relevant Rules, the offer of appointment was given on the post of Accountant to the first three rank holders. The condition of passing the examination, as stipulated in the appointment letter dated 8.5.1979, was merely to screen the petitioner's suitability for being retained in service. The petitioner did not appear in the examination held, after his appointment on 8.5.1979, in the month of December, 1979, for medical reasons and waited for full year when again the examination was held in December, 1980 in which the petitioner succeeded. The appellant decided to place the petitioner on probation by passing the order dated 3.4.1981. The cause of action for claiming promotion arose to the petitioner on promotion of Mr.O.P. Verma. It was alleged by the petitioner that once Mr.O.P. Verma was promoted by counting his experience of 5 years, the petitioner was discriminated as his similar experience was not counted. Learned Single Judge after recording the findings of discrimination, held that the delay in such matters in claiming relief would not come in the way of the petitioner. The ratio of judgments in Union of India Vs. M.K. Sarkar reported in (2010) 2 SCC 59 ; B.S. Bajwa. Vs. State of Punjab reported in (1998) 2 SCC 523 ;
