Court No. - 38
Case :- WRIT - A No. - 13844 of 2019
Petitioner :- Rajendra Singh
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Arun Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed for a direction upon the respondents
to determine seniority of the petitioner in accordance with rule
5 of the U.P. Government Servant Seniority Rules, 1991 and to
decide petitioner's representation dated 2.5.2018. The
representation has been annexed as Annexure-4 to the writ
petition.
A perusal of the representation would go to show that issue
relating to seniority is raised in respect of Gram Vikas Adhikari
appointed in 1999. A final seniority list was apparently drawn in
the year 2006. Petitioner is essentially aggrieved with
determination of seniority in the year 2006 on various grounds.
In the writ petition it is asserted that only when seniority list
was implemented and promotions were made that petitioner
made an objection against it. There is no specific averment that
seniority list of the year 2006 was not circulated in the
department. It is otherwise inconceivable that while posted in
the same department the petitioner was not aware of the
seniority list published in the year 2006 itself. Law is otherwise
settled that seniority list cannot be permitted to be assailed after
unreasonably long period of time. The Hon'ble Supreme Court
in Shiba Shankar Mohapatra and others Vs. State of Orissa and
others, (2010) 12 SCC 471 has been pleased to observe that
ordinarily a period of 3-4 years would be the reasonable period
to challenge the seniority list. After expiry of 13 years petitioner
cannot be permitted to question the seniority list already
finalized in the year 2006 by way of representation. No
direction, therefore, is required to be issued, as is prayed for in
this petition.
Writ petition lacks merit and is accordingly dismissed.
Order Date :- 13.9.2019
Ashok Kr.
Neutral Citation No. - 2019:AHC:147229