NDLI: Union of India & Ors. Vs. C. Girija & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Belated representation Service law Promotion inclusion in the panel
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Service law: Promotion – Belated representation –Notification inviting applications for filling up of 05 posts under 30% LDCE quota (04 unreserved and 01 reserved for SC) –Declaration of Panel on 09.01.2001 – Applicant-general category candidate seeking inclusion of her name in the Panel for promotions APO – Submission of representation by appellant on 25.09.2007 seeking inclusion of her name in the panel – Representation rejected – However, direction by the tribunal and the High Court for inclusion of the name of the applicant in the panel – On appeal,held: Claim of the applicant for inclusion of her name in the panel,was raked up by her for the first time on 25.09.2007, after more than 06 and half years – Claim became stale by that time and filing of representation will not give any fresh cause of action –Thus, mere fact that representation was replied by the Railways on 27.12.2007, a stale claim would not become a live claim –After participating in subsequent selections under 30% quota and being declared unsuccessful, by mere filing representation on 25.09.2007 with regard to selection made in 2001, the delay and laches shall not be wiped out – Tribunal and the High Court ought not to have entertained the stale claim of the applicant – As regards the issue that under 30% quota of LDCE, all the 05 vacancies ought to have been made unreserved and notification dated 14.10.1999 making 04 vacancies unreserved and 01 vacancy reserved for SC was illegal, the explanation by the Railway was a plausible explanation, which was not such as to give a cause for interference by the tribunal and the High Court – Delay and laches. Allowing the appeals and disposing of the writ petitions,the Court
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 191
Petitioner	Union Of India & Ors.
Respondent	C. Girija & Ors.
SCR	[2019] 2 S.C.R. 131
Judgement Date	2019-02-13
Case Number	1577

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