P. S. Sadasvaswamy v. State of Tamil Nadu

Case Details & Bench

Court: High Court
Hon'ble Judges: K. K. Mathew
A. Alagiriswami
Judgment Date: 1974-10-07
Court Decision / Holding: This appeal is dismissed with costs.
Final Disposition: Appeal dismissed with costs

Parties to the Case

Appellants / Petitioners

P. S. Sadasvaswamy

Respondents

State of Tamil Nadu
Respondent No. 2
Respondent No. 3
Respondent No. 4

Legal Representation & Advocates

Counsels for Petitioners

• Y. S. Chittaje
• K. Alairumalai
• R. N. Nath
• V. Narakrishnan

Counsels for Respondents

• S. Govind Swaminathan
• A. V. Rangam
• A. Subhalini
• A. T. M. Sampath

Case Synopsis & Summary

This Supreme Court judgment deals with the challenge by P. S. Sadasvaswamy, a senior engineer in the Public Works/Highways Department of the Tamil Nadu government, to promotions awarded to his juniors over his head. The appellant, who had been promoted to Assistant Engineer in 1951 and later to Superintending Engineer in 1973, observed that his juniors were promoted to Divisional Engineer in 1957 and to Superintending Engineer in 1970, after which he itself was promoted on 23-1-197 J. He filed a writ petition challenging these promotions, which the Madras High Court dismissed for reasons that included the Government’s policy not to relax promotion rules in favour of overseas scholars, and the lack of timely challenge by the appellant. The appellant argued that a relaxation of the rules in 1957 had benefited his junior, and the State’s later statements did not justify not considering his case. The Court emphasized laches and stale claims as a grounds to refuse extraordinary relief under Article 226, noting that the appellant did not approach the Court within six months and, at most, within a year of each promotion, instead waiting for 14 years after the last promotion. It held that entertaining such petitions would impede the Court’s work and dismissed the petition and appeal with costs.

Provisions of Law Cited

Constitution of India, Art. 226

Legal Doctrines & Maxims

Laches and stale claims as grounds for refusal to exercise powers under Article 226
Six months to a year time-frame for approaching the court after a promotion (statutory expectation)
Sound and wise exercise of discretion in refusing extraordinary relief under Article 226

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that the relaxation of the rules in 1957 in favour of overseas scholars, if applicable, should have been considered for his case. He asserts that the State’s later position confirming no general relaxation undermines his challenge, and that the promotions of his juniors over him, and the delay in challenging them, should not bar relief. He argues that a timely challenge under Article 226 was warranted and that the high-level policy should not prevent relief for legitimate grievances; the delay should be excused on grounds of ongoing injustices.

Contentions of Respondents

The Government contends that the relaxation in 1957 was restricted to overseas scholars; promotions of the appellant’s juniors were merited and not to be revisited; the government policy did not extend such relaxation, and the appellant’s long delay (14 years) renders the petition stale. The respondents assert there is no strict limitation period under Article 226, but reiterate that it would be unwarranted to quash settled promotions and disturb the Government’s established records after many years.

Extracted Judgment Text

Exact text extracted from official judgment records.

356 P.S. SADASTVASWAMY 1'. 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._ A person aggrieved by an order promoting a junior over his head should approach the court within six months, or a.t the most, within a year after such promotion, 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 a junior over him in 1957, he filed a 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 a waste of time of the court and impedes its working in considermg 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 a Junior Engineer '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 a 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 A B # c D F G H A B # c D E F G H P. s. SADA SIVASWAMY _v._ TAMIL NADU _(Alagiriswami,_ 1.) 357 was promoted Superintending Engineer over the head of the appellant. The appellant himself was promoted as Superintending Engineer on 23-1-197 J, He, therefore, filed a 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 a 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 respondent 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 representations 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 a 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 a 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 a 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. A person aggrieved by an order of promoting a junior over his head should approach the Court at least within six months or at the mo~t a year of such promotion. It is not that •here is any period of limitation for the Courts to exercise their powers under Article 226 nor is. it that there can never be a case where the Courts cannot interfere in a matter after the pPssage of a certain length of time. But it would be a sound and wise exercise of discretion for the C<'urts to refuse to exercise their extra-ordinary powers under Article 226 in the case of persons 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 358 S:tJPRBMB CO.ORT REPORTS [1975] 2 s.c.R. 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 a 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. B V.P.S. _A;peal_ _dismi11ed._