Summary
A challenge to exclusion from a railway promotion panel raised more than six years later was stale. Replying to a belated representation did not revive the original cause of action, and condonation of delay measured from that reply did not cure the earlier laches. The candidate had also participated with knowledge of the reserved vacancy. The Railways’ roster explanation was plausible. The appeals succeeded, while the retired employee was separately awarded timely payment of retirement benefits with interest.
Issues
- Whether the belated promotion claim could be entertained following rejection of a representation.
- Whether allocation of one Scheduled Caste vacancy in the 30% examination quota warranted interference.
- Whether delayed retirement benefits should carry interest.
Held
- Limitation and laches had to be assessed from the original selection grievance. The Tribunal’s condonation of 560 days following the reply to the representation did not address the delay since the 2001 panel. A reply in 2007 did not revive the stale claim, including after participation in subsequent unsuccessful selections. (¶¶ 11–16, 18)
- The candidate knew the notified allocation of four unreserved and one SC vacancy and took part without objection. After taking the chance of selection she could not challenge that known bifurcation merely because she was unsuccessful. (¶ 17–18)
- The Railways explained that the earlier roster point had already been consumed and the relevant series therefore included a reserved point. Vacancies outside the assessment period were not counted. This plausible explanation had not been addressed by the Tribunal or High Court and their interference was unsustainable. (¶ 19–21)
- Pending promotion litigation did not prevent payment of retirement benefits on the basis otherwise due. Those benefits were to be determined and paid within two months if unpaid, with interest at 8% per annum from 1 July 2015 until payment. (¶ 22–23)
Result
Both civil appeals allowed; writ petition disposed of with directions for payment of retirement benefits and interest.