ANIL KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This intra-court appeal is filed challenging the judgment dtd. 19/12/2022 passed in Writ Petition (S/S) No.1079 of 2013. By the said judgment, writ petition filed by the appellant was dismissed on the ground of delay and laches.

(2.) It is not in dispute that appellant filed a writ petition in the year 2013, challenging the seniority list of Senior Fisheries Inspector issued on 20/2/2008. He also challenged the order dtd. 20/6/2005, rejecting his objection against tentative seniority list.

(3.) Before the Writ Court, appellant contended that since he was regularly appointed as Fisheries Inspector earlier in point of time, therefore, he should be placed above respondent no.3 in the seniority list. It was contended that appellant was regularly appointed on the said post on 29/9/1997; while, respondent no. 3 was regularly promoted as Fisheries Inspector only on 9/7/1999, therefore, appellant is senior. Respondent no. 3, who was initially appointed as Fisheries Development Worker, was given ad-hoc promotion as Fisheries Inspector w.e.f. 2/5/1985 and he was regularly promoted to the said post only on 9/7/1999. However, on his representation, Director, Fisheries passed an order on 3/6/2005, whereby respondent no.3 was given regular promotion as Fisheries Inspector w.e.f. 28/8/1996. On the strength of said order, respondent no. 3 was placed above appellant in the seniority list. It is a fact that appellant did not challenge the order dtd. 3/6/2005 before any judicial forum, consequently, it attained finality. The final seniority list issued on 20/2/2008 was challenged by him after 5 years by filing writ petition in 2013. Learned Single Judge of this Court dismissed the writ petition on the ground of delay and laches by relying upon the law laid down by Hon'ble Apex Court in the case of Ajay Kumar Shukla Vs. Arvind Rai, (2022) 12 SCC 579 and Shiba Shankar Mohapatra Vs. State of Orissa, (2010) 12 SCC 471.