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2008 DIGILAW 2513 (MAD)

K. Chellaiyan v. The Director General of Health Services, Nirman Bhavan, New Delhi 110 011. & Others

2008-07-18

M.SATHYANARAYANAN, P.K.MISRA

body2008
Judgment P.K. Misra, J. Heard Mr.K.Rajendran, learned counsel for the petitioner. 2. The petitioner entered service as Junior Scientific Assistant on 112. 1978. At that time, the petitioner was considered as a general category candidate even though he claimed that he belongs to Scheduled Caste. The grievance of the petitioner is that had he been treated as Scheduled Caste candidate, he would have got accelerated promotion on account of reservation and therefore, his initial appointment should be considered as against the Scheduled Caste vacancy and on that footing, he should be given retrospective promotion. Original Application No.271 of 2008 was filed on 30.1.2008, one day prior to his superannuation. 3. The Tribunal dismissed such Original Application by stating that the question of modification of appointment order dated 1. 1979 cannot be considered after long lapse of time. 4. We do not think that there is any scope for interference in such matters. The counsel for the petitioner submitted that he had made repeated representations, but, to no avail. Law is well settled that in matters of seniority, promotion, etc., making of repeated representations would not extend the period of limitation and aground to condone the laches. The petitioner, after making representations, should have waited for a reasonable period and should have approached the court long back. We do not think any relief can be granted after about three decades. 5. The writ petition is, accordingly, dismissed.