Petitioner challenged his 2013 promotion and sought correction of seniority, claiming eligibility since 2002. Court dismissed as barred by delay and failure to implead affected employees.
Petition dismissed on grounds of delay and non-impleadment of affected persons.
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Court No. - 58
Case :- WRIT - A No. - 9801 of 2018
Petitioner :- Ram Murat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Nayan Shukla Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed for a direction upon the respondents to correct petitioner's seniority in terms of service rules. According to the petitioner, he was entitled to grant of seniority w.e.f. 2002 and the persons similarly placed were promoted but the respondents are arbitrarily not considering petitioner's claim in that regard and has been promoted only in the year 2013. It is also stated that one Shrikant Maurya was also appointed alongwith petitioner and that although such person was promoted in the year 2002, but petitioner's claim has not been considered. A direction therefore is sought to the respondents to correct seniority of petitioner.
The petition is opposed by learned Standing Counsel.
From the materials brought on record, it appears that longstanding seniority in the department is sought to be reopened by the petitioner at this stage. None of the persons selected and whose seniority is liable to be disturbed have not been impleaded as respondents. Petitioner has challenged his promotion made in the year 2013. In case petitioner was aggrieved by non consideration of his claim in the year 2003, he ought to have raised a grievance at that stage. At this belated stage, petitioner's grievance, as noticed above, is not liable to be entertained.
Writ petition is, accordingly, dismissed.
Order Date :- 4.7.2018 Ashok Kr.
3 issues framed by the court
Whether a belated petition challenging non-consideration of seniority claim is maintainable when persons whose seniority would be affected are not impleaded.
Whether a longstanding seniority dispute can be reopened decades after the exclusion of the claimant's grievance.
Whether this court should entertain a petition denying seniority correction where impleading affected persons was avoided.
Ram Murat
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
