H.H Desai (S) v. Gujarat Tourism Corp. Ltd. & Ors. & 5 (S)

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE KS JHAVERI)

1. The present appeal has been listed on the revised board. Learned advocate for the parties are not present. The appeal is of the year 1995 and hence is taken up peremptorily.

2. The present appeal is filed challenging the order dated 19.04.1995 passed by the learned Single Judge in Special Civil Application No. 2945 of 1995 whereby the learned Single Judge dismissed the writ petition.

3. The learned Single Judge while dismissing the writ petition by way of impugned order has considered the fact that the seniority list at Annexure ‘E’ was provisional and that the same was under challenge. The learned Single Judge has further observed that the petitioner has sought to equate his original post of Mechanic with his present post of Junior Clerk and that is how he seeks to have his seniority reckoned from 10.07.1984, that is to say, after a period of about 11 years.

4. In this context the decision of the Apex Court in the case of Shiba Shankar Mohapatra v. State of Orissa reported in AIR 2010 SC 706 shall be squarely applicable. The Apex Court in the said decision has held that once the seniority had been fixed and it remains in existence for a reasonable period, any challenge to the same should not be entertained. A seniority list which remains in existence for 3 to 4 years unchallenged, should not be disturbed. Thus, 3-4 years is a reasonable period for challenging the seniority and in case someone agitates the issue of seniority beyond this period, he has to explain the delay and laches in approaching the adjudicatory forum, by furnishing satisfactory explanation.

5. In the present case, the appellant had challenged the same after a period of about 11 years which is a considerable time. The communication with regard to the promotion of respondents 3 to 6 was under challenge by way of the writ petition although the said promotion had taken effect in 1990. We are of the opinion that the learned Single Judge was justified in dismissing the petition. The petitioner being fence sitter cannot wait for nearly 11 years and thereafter, file the Writ Petition.

6. The appeal is devoid of any merits and is accordingly dismissed. There shall be no order as to costs.