T.S. Visalakshi v. State Of Kerala

K. Vinod Chandran, J.:— The petitioner seeks to challenge Ext.P2 seniority list of 01.12.1985 to claim promotion over and above respondents 4 to 6. The petitioner before this Court essentially challenged Ext.P8 select list of officers, but however challenge could be validly made to such select list only if the seniority indicated in Ext.P2 is upset.

2. The petitioner does not have a case that she was not aware of Ext.P2 The petitioner's contention is that the petitioner had been making representations against Ext.P2 seniority list. It is trite that unrepresented memorials cannot upset the settled seniority of persons, who have been continued for long with that seniority and then in the promoted post. The decision of the Hon'ble Supreme Court reported in Shiba Shankar Mohapatra v. State of Orissa [(2010) 12 SCC 471] held that an appropriate challenge has to be made at any rate within 3 to 4 years from the date of issuance of the seniority list. The seniority of 1985 is sought to be challenged only in the year 2005. It is also submitted by the learned Standing Counsel appearing for the respondents 4 to 6 that the petitioner has already retired.

3. The writ petition hence would stand dismissed. No costs.