P.S. SADASIVASWAMY versus THE STATE OF TAMIL NADU

P.S. SADASTVASWAMY

THE STATE OF TAMIL NADU October 7, 1974

[K. K. MATHEW AND A. ALAGIRlSWAMI, JJ.]

Constitution of India, 1950, Art. 226-Laches and stale claims as grounds for refusal to exercise powers unier.

person aggrieved by an order promoting junior over his head should ap-proach the court within six months, or a.t the most, within year after such promo-tion, though there is no period of limitation for the exercise of powers under Art. 226. Except in exceptional cases, it would be n sound ~nd wise exercise of discretion for the courts to refuse to exercise their extra-ordinary powers under the article in the case of persons who do not approach expeditiously for relief and who stand by and allow things to happen and then approach the court to put forward stale claims and try to unsettle settled matters. [357-G 358-A].

In the present case, the appellant did not challenge promotions of his juniors over his head as Divisional Engineers and Superientending Engineers. But 14 years after the first promotion of junior over him in 1957, he filed writ petition in the High Court challenging the promotion. It is difficult for the Government to consider now whether any relaxation of the rules should · have been made in the appellant's favour in the year 1957. The conditions that were prevalent in 1957 cannot be reproduced now. Entertaining such petitions is waste of time of the court and impedes its working in consider-mg legitimate grievances and the High Court rightly dismissed the petition. [357 C-F; 358 A-BJ.

C1v1L APPELLATE JURiSDICTION : Civil Appeal No. 1131 of 1974

Anpeal by Spedal Leave from the Judgment & Order dated 5th February 1974 of the Madras High Court in W. Appeal No. '67/1974.

Y. S. ClzitcJe, K. Alairumc.lai, R. N. Nath and V. Marakrishnt.n, for the appelhnt.

S. Govind Swaminathan, Adi,ocate General, for the Stare 1>f Tamil

Nadu, A. V. Rangam and A. Subha.1hi'1i, for respondent No. I.

A. T. M. Samp:;th, for respondent No. 2.

The Judgmel\t of the Court was delivered by

ALA.GIRt~WAMI. J. The appellant entered service as Junior En-gineer 'in the Highways Department of the then Province of Mat.ras on 21-8-1946. He was promoted as an Assistant Engineer on 12-3-1951. In 1955 he was selected by the State Public Service Commission as an Assistaht Engineer along with res,.ondents 2 to 4 and was placed above them in rank. In 1957 the 2nd respondent was promoted as Divi-sion-ii Engineer. Thereupon the appellant made representation to the Gw~rnment. He made another representation in the same year. He m1de two farther representations in the year 1968 to consider his case for pr,1mntion as Superintending Engineer along with his juniors. Respmdents 2 to 4 were again promoted as Superintending En~ineers over the head of the appellant. In 1970 the ~th mpondent who was junbr to the ap;iellant as Assistant Engineer and Divisional Engineer

was promoted Superintending Engineer over the head of the appel-lant. The appellant himself was promoted as Superintending Engi-neer on 23-1-197 J, He, therefore, filed writ petition before the High Court of Madras. That petition was dismissed as also the appeal against the dismissal.

The main grievance of the appellant is that the 2nd respondent who wa~ junior to him as Assistant Engineer was promoted as Divisional Engineer in 1957 b) relaxing the relevant rules regarding the length of service ne,essary for promotion as Divisional Engineer and that his claim for similar relaxation was not considered at that time. 111e learned Judge of the Madras High Court who heard the writ petition was of the view that the relaxation of the rules in favour of the 2nd res-c pondent without considering the appellant's case was arbitrary. In view of the ~tatement on behalf of the Government that such relaxation was given only in the case of overseas scholars, which statement was not ·controverted, it is not possible to agree with the view of the learned Judge. Be that as it may, if the appellant was aggrieved b) it.he should have approathed the Court even in the year 1957 after the two re-presentations made b) him had failed to produce an) result. One ca1mot sle'ep over .the matter and come to the Court questioning that relaxation in the year 1971. There is the. frrther fact that even after · respondent~ 3 an<l 4 were promoted as Divisional Engineer5 over the head of the appeJlant he oid not come to the Court questioning it. There was third oprortunify for him to have come to the Court when respondents 2 to 4 were again promoted as Superintending Engineers over the head of the appellant. After fourteen long years because of the tempting prospect of the Chief Engineership he has come to the Court. In effect he wants to unscramble scrambled egg. It is very difficult for the Government to consider whether any relaxation of the rules should have been made in favour of the appellant in the year 1957. The conditions that were prevalent in 1957 cannot be reproduced now. ·Jn any case as the Government had decided as matter of policy, as the) were entitled to do, not to. relax the rules in fa°l'our of any except overseas scholars it will be wholl) pointless to direct them to consider the appellan~s' case as if nothing had happened after 1957. Not only respondent 2 but also respondents 3 and 4 who were the appellant's juniors became Divisional Engineers in 1957 apparently on the ground that their merits deserved their promotion over the head of the appel. !ant. He did not question it. Nor did he question the pr,omotion of his juniors as Superintending Engineers over. his head. . He could have co·me to the Court on every one of these three occasions. person aggrieved by an order of promoting junior over his head should approach the Court at least within six months or at the mo~t year of such promotion. It is not that •here is any period of limita-tion for the Courts to exercise their powers under Article 226 nor is. it that there can never be case where the Courts cannot interfere in matter after the pPssage of certain length of time. But it would be sound and wise exercise of discretion for the C<'urts to refuse to exer-H cise their extra-ordinary powers under Article 226 in the case of per-sons who do not approach it expeditiously for relief and who stand by and allow.things to happen and then approach the Court to put for-

S:tJPRBMB CO.ORT REPORTS

A.· . ward stale claims and try to unsettle settled matters. Tne petitioner's petition should, therefore, have been dimissed in limine. Entertaining such_petitions is waste of time of the Court. It clogs the work of the Court and impedes the. work of the Court in considering legitimate grievances as also its normal work. We consider that the High Court was right in dismissing the appellant's petition as · well as the appeal. This appeal is dismissed with costs.

A;peal dismi11ed.