HARJEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the writ petitioners challenging the order of the Administrative Tribunal dated 25.04.2014 in OA No. 924/JK/2009 whereby the Central Administrative Tribunal has dismissed the Original Application seeking directions against the respondents to re-fix the seniority of the petitioners as Surveyor Assistant Grade I, (re-designated as Jr. Engineer (QS&C) in the seniority list dated 25.10.2001 of the Surveyor Assistant Grade I and II (re-designated as Jr. Engineer QS&C) by quashing the seniority list dated 06.10.1996 and to re-fix the seniority of the petitioners strictly in accordance with their date of appointment as Surveyor Assistant Grade I against the vacancies identified for direct recruitment and for direction to respondent Nos. 1 to 3 to reconvene the review DPC and re-consider the cases of the petitioners for promotion to the post of Assistant Surveyor of works in accordance with the judgment passed by the Central Administrative Tribunal Ernakulam Bench as modified by the High Court of Kerala. The said prayer was rejected by taking note of the following facts:

(2.) The said facts were taken note of by the Central Administrative Tribunal and it was held that the litigation initiated by the petitioners has attained finality and cannot be re-opened. It was also noticed that the petitioners have preferred the writ petition challenging the action of the year 1996 and 2001 after delay of 13 years and the same cannot be entertained. It is also mentioned that even though condone delay application has been filed, the same cannot be ordered because of the fact that petitioners were parties in the case filed before the Central Administrative Tribunal, Ernakulam Bench as well as before High Court of Kerala and the said order having been implemented and the second round of litigation initiated by the petitioners having been dismissed by the Single Judge as well as by the Division Bench of this Court.

(3.) We have gone through the judgments. It is well settled proposition of law that seniority once fixed cannot be questioned belatedly as it will upset and unsettle the seniority and consequential promotions. The same view is taken by Hon'ble the Supreme Court in the decision (Shiba Shankar Mohapatra and ors v. State of Orissa and ors, 2010 12 SCC 471). Referring to various decisions rendered by Hon'ble the Supreme Court, it has been held in paragraph nos. 16 to 19 as under:-