(A) Service Law – Promotion – No challenge to decision by which petitioner lost its seniority – No relief can be granted – Held: There is no challenge to the said decision in the instant petition and in absence of which, this Court will not adjudicate upon the legality of such decision and until the administrative decision is scrutinized and held to be bad in law, it cannot be said to be lacking in efficacy. It is trite that every Government servant is bound by the applicable service rules. That being so and petitioner once having accepted the service rules, as it is, his claim for seniority cannot be adjudicated as he has lost seniority by application of service rules and administrative decisions which have remained unchallenged. In fact, petitioner has already availed higher grades on the basis of mapping system adopted by the NIT. No relief. (Para 27)
(B) Service Law – Delay and Laches – Held: The conduct of petitioner in submitted further representations under the hope and expectation to get justice from his employer cannot be said to suffer from vice of laches. (Para 26)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 283 HP
[2023:HHC:12789]
Inder Singh Guleria Vs. Union Of India & Others
CWP No. 4298 of 2023-Decided on 31-10-2023
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