Neyaz Ahmad vs The Union Of India
2022 Latest Caselaw 1013 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3133 of 2021
     ======================================================

Neyaz Ahmad son of Jamil Ahmad R/O Mohalla- Suvdha @ Suvidha Electrical, near Vikash Bhavana, P.S. - Muzaffarpur, District- Muzaffarpur, At/P- 147 Bataliyan Kashipur, Silchar, D.C, IRLA No. 7063 CRPF ASSAM ... ... Petitioner/s Versus

1. The Union of India through Secretary, Ministry of Home Affair, North Block, New Delhi-01

2. The Director General, C.R.P.F, Block no.- 1, CGO Complex, Lodhi Road, New Delhi-3

3. The Director General NSG/ JKD/ NIA/ NTRO/ ALL TIGERS including SDG/ SIGNAL BNS/AALL ATC, CGO Complex, Lodhi Road, New Delhi-3

4. The Inspector General (Pers) C.R.P.F, Block No-1, CGO Complex, Lodhi Road, New Delhi-3

5. The Deputy Inspector General (CR and Vigilance), C.R.P.F, Block No-1, CGO Complex, Lodhi Road, New Delhi-3

6. The Deputy Inspector General of Police (DIGP), Group centre, CRPF, Mokama Ghat, Patna, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Respondent/s : Dr. K. N. Singh ( Asg ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 08-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That the present writ petition is being filed for issuance of appropriate writ/writs, order/orders, direction/directions to the Respondents to give the benefit of the seniority from the dt. of promotion dt. 24.10.2013. however the respondents are not allowing the seniority from the dt. of promotion rather they have allow the seniority from 2014 after one year it's against the rule of natural justice and the petitioner has loose his seniority, the grievance of the Patna High Court CWJC No.3133 of 2021 dt.08-02-2022

petitioner is that the seniority must be count from the dt. Of promotion dt. 24.10.2013."

3. Petitioner had a cause of action in the year 2014. The

petitioner has not explained delay and laches for the last seven

years. Apex Court in the case of P.S. Sadasivaswamy Appellant

vs. State of Tamil Nadu reported in AIR 1974 SC 2271 held that

for the purpose of promotion and seniority and appointment

employee must approach judicial forum within a period of six

months from the date of cause of action. In the present case the

petitioner could not explain delay of about seven years.

4. Accordingly, petition stands dismissed in the light of

Apex Court decision.

5. At this stage, learned counsel submitted that due to

lack of knowledge, the petitioner could not approach. Petitioner

being a Class I officer and who is in the cadre of Deputy

Commandant, he cannot give excuse that due to lack of knowledge

he could not approach. Therefore, there is no infirmity in rejecting

the petitioner's petition on the ground of delay and laches.

(P. B. Bajanthri, J) GAURAV S./-

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