Delhi High Court
Prakash Chandra Singh vs Union Of India & Ors. on 6 October, 2015
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9434/2015
% Decided on : 06.10.2015
PRAKASH CHANDRA SINGH ..... Petitioner
Through: Mr.Anup Kumar and Mr.Shekhar
Prasad Gupta, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Manish Mohan, CGSC and
Ms.Shreya Sinha, Government
Pleader.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MS. JUSTICE DEEPA SHARMA
MS. JUSTICE DEEPA SHARMA (OPEN COURT)
C.M.No.22041/2015 (for condonation of delay)
For the reasons mentioned in the application, delay in re-filing the
writ petition is condoned.
The application stands disposed of.
W.P.(C) 9434/2015
1. The petitioner was appointed as a Sub-Inspector (Overseer) in Indo-
Tibet Border Police Force (ITBP) on 30.03.1988. On 03.06.1991, he
applied for the post of Inspector/Subedar (Overseer) through an open
competition. He was selected and he submitted his technical resignation on
W.P.(C) No.9434/2015 Page 1
03.12.1991. After he joined the services as an Inspector with ITBP, the
seniority list of Inspectors was issued on 01.07.1997 wherein he was shown
as Sl.No.15. He made a representation on 31.07.1997 which was dismissed
by the respondent on 04.09.1997. Another seniority list dated 31.07.2000
was issued wherein he was shown at Sl.No.12 and in the seniority list of
Inspectors dated 31.01.2003, he was shown at Sl.No.8. He made a
representation dated 03.04.2003 which was rejected on 10.09.2003. The
seniority list was again issued on 01.01.2005 wherein he was shown at
Sl.No.6 and in the in the seniority list dated 01.01.2007, he was shown at
Sl.No.2. He was promoted as regular Assistant Commandant (Engineer
Cadre) on 30.05.2007. Seniority list of Assistant Commandant was issued on
01.01.2008 wherein he was shown at Sl.No.19 and in the seniority list for
the year 2009 issued on 01.01.2009 he was shown at Sl.No.17. Against this
he made a representation dated 13.03.2009 which was not accepted by the
respondents. A seniority list dated 31.07.2010 was issued wherein he was
shown at Sl.No.8. It is submitted that he was promoted to the post of Deputy
Commandant on 09.05.2012 and in the seniority list dated 01.01.2014 of
Deputy Commandant he was shown at Sl.No.13. He made a representation
dated 17.11.2014 which was rejected in March, 2015. He again challenged
W.P.(C) No.9434/2015 Page 2
his seniority as Deputy Commandant and made a representation dated
02.07.2015 which was rejected on 07.07.2015. It is submitted that his
seniority list as an Inspector had been wrongly prepared and his seniority
was not determined at that time as per the rules and regulations applicable.
It is prayed that the seniority list issued by the respondents in the year 1997
and on subsequent dates be quashed and his seniority be re-fixed/rectified as
of Inspector (Overseer) in ITBP issued on 01.07.1997 and the subsequent
seniority lists issued on the basis of the seniority list dated 01.07.1997 be
also rectified and the respondents be directed to issue corrected seniority
lists.
2. The petitioner has claimed correction in the seniority list of the year
1997 wherein his seniority was fixed at Sl.No.15 on his joining the ITBP as
an Inspector through an open examination. As is clear from the above facts
after 01.07.1997, the respondents had issued several seniority lists dated
31.07.2000, 31.01.2003, 01.01.2005, 01.01.2007, 01.01.2008, 01.01.2009,
31.07.2010 & 01.01.2014. It is pertinent to mention here that pursuant to
those seniority lists, the petitioner was given two promotions, first as regular
Assistant Commandant on 30.05.2007 and then as Deputy Commandant on
09.05.2012. This shows that the respondents had given the promotions to
W.P.(C) No.9434/2015 Page 3
various personnel including the petitioner based on such seniority lists.
Although the petitioner had the occasion to challenge the said seniority list
immediately when it was circulated, he did nothing except making one
representation dated 31.07.1997 which was rejected on 04.09.1997; a second
representation dated 03.04.2003 after the circulation of seniority list dated
31.01.2003 was later made. This representation was also rejected on
10.09.2003. His third representation was against the seniority list of
Assistant Commandant dated 01.01.2009 which was also rejected. This
clearly shows that the petitioner had not approached this court within
reasonable time. He is challenging the seniority list of the year 1997 after
almost 18 years. The claim of the petitioner is highly belated and no
explanation is coming forward what to say a reasonable explanation for this
delay. All the seniority lists showing the exact position of the petitioner had
been circulated and were in the knowledge of the petitioner. He however
chose to keep quiet. The present writ petition suffers with delay and laches.
The petitioner had contended that he had been making the representations
and therefore it cannot be said that he had not been challenging his seniority.
It is a settled position of law as held by the Supreme Court in case of
S.S.Rathore vs. State of Madhya Pradesh AIR 1990 SC 10 that repeated
W.P.(C) No.9434/2015 Page 4
representations does not in any manner defeat the operation of doctrine of
laches.
3. It is also pertinent to note here that any change in the list issued in the
year 1997 would have the effect of disturbing the subsequent seniority lists
issued by the respondents all these years and would also have the effect of
disturbing not only the seniority of several personnel but also promotions
based on such seniority, which in turn was premised on the seniority list
dated 31.07.1997. Intervention therefore would be unjustified as it would
jeopardize settled seniority positions of third parties.
4. In view of the above discussion, we are of the opinion that the petition
suffers from delay and laches. It is consequently dismissed.
DEEPA SHARMA
(JUDGE)
S. RAVINDRA BHAT
(JUDGE)
OCTOBER 06, 2015
rb
W.P.(C) No.9434/2015 Page 5
