TMI Blog2009 (7) TMI 1377X X X X Extracts X X X X X X X X Extracts X X X X ..... Rashid Rather, a Constable. It was allowed by a learned Single Judge of the High Court by an order dated 24th September, 1998. A Letters Patent Appeal filed there against was dismissed by a Division Bench of the High Court by its order dated 30th July, 1999. It is stated that a Special Leave Petition filed against the said order was also dismissed by this Court. 3. Another writ petition was filed by four persons, namely - Maharaj Krishan Bhatt, Mohammad Amin, Bansilal Bhatt and Mohammad Abbas Najar in the year 1997, which was registered as SWP No. 3735 of 1997, praying for their promotion to the post of Sub-Inspector with effect from the date on which Hamiddulah Dar, who was said to be junior to the petitioners, was promoted. A learned S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h of the State. Even a draft order of promotion was placed before Hon'ble the Chief Minister. However, the said relief had not been granted despite an appropriate representation having been filed by the petitioner. Later the Letters Patent Appeal was filed by the State, which as noticed earlier, has been allowed by the impugned judgment. 7. Abdul Rashid Rather, who was said to be junior to the petitioner, as we have noticed heretobefore, had filed writ petition in the year 1987. It was decided on 24th September, 1998. Petitioner admittedly filed the writ petition in the year 2000 after the writ petition filed by Abdul Rashid Rather attained finality, as the order passed by the Division Bench of the High Court was given effect to o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts approach so as to warrant interference therewith by this Court in exercise of its extra ordinary jurisdiction under Article 136 of the Constitution of India, is the question. 10. It is not disputed before us that Hamiddulah Dar was illegally promoted. Recruitment Rules required to be followed for promotion to the post of Sub-Inspector were relaxed. No particulars had been placed before the High Court either in the present case as also in the case of Maharaj Krishan with regard to the power of the State and/or competent authority to relax the Rules. In absence of such details, we have no other option but to proceed on the basis that the promotion of said Hamidullah Dar was illegal. 11. There cannot be any doubt whatsoever that ke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on their part in filing the writ petition. The first two writ petitions were filed in the year 1976 wherein the respondents herein approached the High Court in 1992. In between 1976 and 1992 not only two writ petitions had been decided, but one way or the other, even the matter had been considered by this Court in Debdas Kumar. The plea of delay, which Mr Krishnamani states, should be a ground for denying the relief to the other persons similarly situated would operate against the respondents. Furthermore, the other employees not being before this Court although they are ventilating their grievances before appropriate courts of law, no order should be passed which would prejudice their cause. In such a situation, we are not prepared to make ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of law that delay defeats equity . The Government Order was issued on 15-1-2002. The appellants did not file any writ application questioning the legality and validity thereof. Only after the writ petitions filed by others were allowed and the State of Kerala preferred an appeal there against, they impleaded themselves as party-respondents. It is now a trite law that where the writ petitioner approaches the High Court after a long delay, reliefs prayed for may be denied to them on the ground of delay and laches irrespective of the fact that they are similarly situated to the other candidates who obtain the benefit of the judgment. It is, thus, not possible for us to issue any direction to the State of Kerala or the Commission to appoint th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... although even according to him, Abdul Rashid Rather was junior to him. The Division Bench, therefore, in our opinion rightly opined that the petitioner was sitting on the fence. 19. If at this late juncture the petitioner is directed to be promoted to the post of Sub-Inspector even above Abdul Rashid Rather, the seniority of those who had been promoted in the meantime or have been directly recruited would be affected. The State would also have to pay the back wages to him which would be a drainage of public funds. Whereas an employee cannot be denied his promotion in terms of the Rules, the same cannot be granted out of the way as a result whereof the rights of third parties are affected. The aspect of public interest as also the gen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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