Case Note & Summary
The petitioner, Suresh Govind Kamath, filed a writ petition in the Bombay High Court seeking a direction to the respondent no.1, S.S. & L.S. Patkar College of Arts & Science, to promote him to the post of Accountant/Superintendent retrospectively with effect from 01.04.1976 or any other date, and to place him in the proper wage scale of Rs.500-900 with all attendant benefits. The petition was filed in 1988 and remained pending for about 17 years. When the matter was called for hearing, the petitioner's counsel sought an adjournment, which the Court refused due to the age of the petition. The Court perused the petition and documents with the assistance of the Assistant Government Pleader, as the counsel for the petitioner and respondent no.3 provided no assistance. The principal grievance was the alleged denial of promotion. However, the Court found that the petitioner failed to demonstrate any legal right or entitlement to the relief sought. The petition was dismissed for lack of merit, with no order as to costs.
Headnote
A) Service Law - Promotion - Delay and Laches - Writ petition pending for 17 years - Petitioner sought retrospective promotion from 1976 - Court found no justifiable ground to adjourn and dismissed petition for lack of merit - Held that the petitioner failed to establish any legal right to the relief claimed (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to a direction for promotion to the post of Accountant/Superintendent retrospectively from 01.04.1976 or any other date, and for placement in the proper wage scale.
Final Decision
Writ petition dismissed for lack of merit. No order as to costs.
Law Points
- Delay and laches
- lack of merit
- no legal right established
Case Details
2005 LawText (BOM) (05) 229
WRIT PETITION NO.597 OF 1988
R. M. Lodha, J.P. Devadhar
Ms.Sushmita Burman i/b. Mr.Desai Singh Gonsalves for the petitioner, Ms.Sonali Kunekar i/b.Mrs. M.H.Doshi for the respondent no.1, Mr.P.G. Lad, A.G.P. for the respondent no.2
1. S.S. & L.S. Patkar College of Arts & Science, 2. State of Maharashtra, 3. Ravindra P. Kulkarni
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Nature of Litigation
Writ petition seeking direction for promotion and placement in wage scale.
Remedy Sought
Direction to respondent no.1 to promote petitioner to Accountant/Superintendent retrospectively from 01.04.1976 and place him in proper wage scale.
Filing Reason
Alleged denial of promotion to the post of Accountant/Superintendent.
Issues
Whether the petitioner is entitled to promotion retrospectively from 01.04.1976 or any other date.
Whether the petitioner has any legal right to the relief claimed.
Submissions/Arguments
Petitioner's counsel sought adjournment, which was refused.
No assistance provided by counsel for petitioner and respondent no.3.
Ratio Decidendi
The petitioner failed to establish any legal right or entitlement to the relief of promotion and placement in wage scale; the petition was dismissed for lack of merit.
Judgment Excerpts
At the outset Ms.Sushmita Burman, the learned counsel for the petitioner prayed for time.
The writ petition has been pending in this Court for about 17 years and we find no justifiable ground to adjourn such old writ petition merely because prayer for adjournment is made.
The principal grievance of the petitioner in this writ petition is for direction to the respondent no.1 viz. S.S. & L.S. Patkar College of Arts & Science to promote the petitioner to the post of Accountant/Superintendent retrospectively with effect from 01.04.1976 or any other date that the Court may think fit and for direction to the aforesaid College to place the petitioner at the proper stage in the wage scale of Rs.500-900 and pay all the attendant benefits to the petitioner.
We have perused the writ petition and the documents annexed thereto. In our opinion, the petitioner has not made out any case for grant of any relief in this writ petition.
The writ petition is, therefore, dismissed for lack of merit. No order as to costs.
Procedural History
Writ Petition No.597 of 1988 filed in 1988 before the Bombay High Court. Heard on 9th June 2005 after 17 years of pendency. Dismissed for lack of merit.
