Case Note & Summary
The petitioner, Gopalrao Ambadasrao Borikar, a retired Deputy Collector, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Maharashtra Administrative Tribunal dated 5th August 2013, which dismissed his Transfer Application No. 1080 of 1991. The petitioner had sought quashing of promotion orders granted to his juniors in 1979 and 1980 and claimed consequential benefits including promotion to the post of Deputy Collector from 1979. He retired from service on 30th June 1988. The Tribunal dismissed the application on the ground of delay and laches, noting that the petitioner had not approached the Tribunal within a reasonable time. The High Court upheld the Tribunal's decision, observing that the petitioner had not provided any explanation for the inordinate delay of over 11 years from the date of the alleged cause of action (promotions in 1979-80) and over 3 years from his retirement. The court held that stale claims cannot be entertained in service matters, and the petition was dismissed with no order as to costs.
Headnote
A) Administrative Law - Delay and Laches - Service Matter - Limitation - Petitioner, a retired Deputy Collector, challenged promotions of juniors granted in 1979 and 1980, but filed application before Tribunal in 1991 after retirement in 1988 - Held that the claim is stale and barred by delay and laches, as no explanation for inordinate delay was provided (Paras 4-6).
Issue of Consideration
Whether the petition challenging the order of the Maharashtra Administrative Tribunal dismissing the transfer application on the ground of delay and laches is maintainable.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Delay and laches
- Limitation for service matters
- Articles 226 and 227 of Constitution of India
- Maharashtra Administrative Tribunal Act
Case Details
2013 LawText (BOM) (08) 5
Writ Petition No. 351 of 2004
A.H. Joshi, Sunil P. Deshmukh
Petitioner party in person, Mr. K.G. Patil, AGP for respondent Nos. 1 and 2
Gopalrao Ambadasrao Borikar
The State of Maharashtra through the Secretary of Government of Maharashtra Revenue & Forest Department, Mumbai; The Commissioner, Aurangabad Division, Aurangabad
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Maharashtra Administrative Tribunal dismissing the transfer application on the ground of delay and laches.
Remedy Sought
Quashing of promotion orders granted to juniors and mandatory relief for giving effect of promotion to the post of Deputy Collector from 1979.
Filing Reason
Petitioner claimed that his juniors were promoted in 1979 and 1980, and he was entitled to promotion from 1979, but the Tribunal dismissed his application on delay and laches.
Previous Decisions
Maharashtra Administrative Tribunal dismissed Transfer Application No. 1080 of 1991 on 5th August 2013.
Issues
Whether the petition is maintainable in view of delay and laches in filing the application before the Tribunal.
Submissions/Arguments
Petitioner argued that he was entitled to promotion from 1979 and that the promotions of juniors were illegal.
Respondents contended that the claim was barred by delay and laches as the cause of action arose in 1979-80 and the petitioner retired in 1988, but filed application only in 1991.
Ratio Decidendi
Stale claims in service matters cannot be entertained due to delay and laches. The petitioner failed to explain the inordinate delay of over 11 years from the cause of action and over 3 years from retirement.
Judgment Excerpts
This is a petition under Articles 226 and 227 of the Constitution of India.
The petitioner is a retired Government Servant.
The Tribunal dismissed the application on the ground of delay and laches.
Procedural History
The petitioner filed Transfer Application No. 1080 of 1991 before the Maharashtra Administrative Tribunal, which was dismissed on 5th August 2013. Thereafter, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court.
Acts & Sections
- Constitution of India: Articles 226, 227
