Rajendra Singh v. State Of U P And 3 Others

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