Rakesh Kumar Sharma and Others vs State of Punjab and Others

J.S. Khehar, J.—The grievance of the petitioners in the instant writ petition is against the appointment of respondent No. 4 as Research Assistant Grade-A by an order dated 19.11.2001 (Annexure P2), and thereafter, his further promotion to the post of Assistant Research Officer. Infact, in the instant writ petition, the grievance of the petitioner seems to emerge from the order dated 19.11.2001 (Annexure P2) by which respondent No. 4 was appointed as Research Assistant Grade-A.

As has been noticed hereinabove, respondent No. 4 was appointed as Assistant Research Grade-A by an order dated 19.11.2001 (Annexure P2). This fact came to the notice of the petitioners herein immediately, as is apparent from their representation dated 23.11.2001 (Annexure P3). Despite the same, the petitioners did not raise any legal challenge to the same till the filing of the instant writ petition on 5.8.2005. On the date of the filing of the instant writ petition, even a civil suit could not have been filed to impugn the order dated 19.11.2001 (Annexure P2) by which respondent No. 4 was appointed against the post of Research Assistant Grade-A in view of the law of limitation. The prayer made in the instant writ petition in so far as the challenge to the order dated 19.11.2001 (Annexure P2), is highly belated and deserves to be declined on the ground of delay and laches itself. Ordered accordingly.

In view of our not entertaining the claim of the petitioners on the issue of appointment of respondent No. 4 against the post of Research Assistant Grade-A, there remains hardly any substance in examining the further promotion earned by him against the post of Assistant Research Officer.