BINOD KUMAR PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner has assailed the validity of the order issued on 21.6.1996 passed by the Managing Director of the Bihar State Sugar Corporation Limited, Patna on 13.6.1996, contained in Annexure -15, whereby and whereunder his claim of seniority over respondent No. 8 has not been accepted and the representation filed by him on 24.3.1996 with respect to it has been rejected.

(2.) Mr. Sharavan Kumar, learned Senior Counsel appearing for the respondent -Corporation by way of preliminary objection has submitted that the writ petition suffers from gross delay and laches inasmuch as the petitioner is virtually challenging the initial order of absorption of respondent No. 8 passed on 5.4.1977 after lapse of almost 20 years. It is submitted that by virtue of the said order, respondent No. 8 got benefit in the matter of seniority and promotion both in the year 1982. The petitioner has questioned the seniority of respondent No. 8, which was finalised on 25.5.1982, vide Annexure -4.

(3.) Mr. Singh, learned Senior Counsel appearing for respondent No. 8 has submitted that the petitioner never challenged the validity of the seniority which was finalised on 25.5.1982 so much so that in the year 1987, though he filed a representation claiming his promotion in the Junior Selection Grade, but did not question the seniority of respondent No. 8.