1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.645/95 Dalip Singh Yadav vs. State & Ors. Date of order : 5/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri V.B. Srivastava for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** Heard learned counsel for the parties. This writ petition has been filed by the petitioner questioning the correctness of the seniority assigned to respondent no.4 Bansi Dhar Pareek at S.No.220 on the post of UDC above that of the petitioner. Shri V.B. Srivastava, learned counsel for the petitioner has argued that the petitioner joined the services of the respondents on the post of LDC on 4.1.1957 on which post he was confirmed by order dated 15.10.1963 with effect from the date of his initial appointment. The petitioner was promoted on the post of UDC while order dated 5.4.1966. The name of the petitioner was shown at S.No.251 in the seniority list of UDC as published on 15.2.1973. The petitioner did not challenge that seniority believing that contents thereof are correct. 2 Petitioner was later promoted on the post of Office Assistant vide order dated 27.10.1986. The promotion on such post is made on range wise prepared seniority of UDC. Respondent no.4 Bansi Dhar Pareek was initially appointed as LDC in N.C.C. Department on 23.10.1957 and he was promoted as UDC by the NCC Department on 6.6.1961. He then was transferred to Education Department at his own request vide order dated 6.4.1968 and he joined on 6.4.1968. He should have been assigned seniority lower than the petitioner and his name was wrongly shown in the seniority list of 15.2.1973. It so happened that the respondent no.4 got himself transferred to Churu Range in 1979 and their he succeeded in getting promotion on the post of Office Assistant on 30.6.1981. Petitioner did not known about this fact. Subsequently, the petitioner was also promoted on the post of Office Assistant vide order dated 27.10.1986. Respondent no.4 requested for his transfer to Jaipur Range again and was eventually transferred to Jaipur Range by order dated 19.11.1983. This time also he was granted 3 higher seniority than the petitioner and as a result of which, he was granted promotion on the post of Office Superintendent in the year 1990. The action of the respondents in granting such promotion to respondent no.4 was wholly illegal and when the respondent no.4 was transferred to Education Department from NCC, he should have been assigned bottom seniority at that very stage and subsequently when he was transferred from Churu to Jaipur Range, he should have been assigned bottom seniority. The petitioner should therefore be treated as senior to respondent no.4 as Office Assistant and consequently he should be granted promotion on the post of Office Superintendent at least from the date respondent no.4 was granted such promotion with consequential benefits. It was argued that the petitioner has raised this grievance in S.B. Civil Writ Petition No.366/87, which was decided by this Court on 26.7.1993. Since respondent no.4 was not impleaded as party in this writ petition, this issue was kept open to be adjudicated in any appropriate petition, therefore, the petitioner filed this writ 4 petition in the year 1995. Petitioner also did not question the correctness of the order dated 19.11.1983 whereby the respondent no.4 was transferred from Churu Range to Jaipur Range again. It was argued that now both the petitioner as well as respondent no.4 have retied from service. Questioning correctness of the seniority assigned to the respondent no.4 over the petitioner in the seniority of 1973 and his transfer to Jaipur Range again in the year 1983 at this stage may not be permissible. It was argued that even if the petitioner filed writ petition but did not lay the proper foundation and did not implead respondent no.4, that cannot be a valid explanation for his not challenging the seniority list of 1993 in time. Learned counsel for the petitioner has rejoined and submitted that the Education Department is a big department and the petitioner would not come to know about the fact that the respondent no.4 got himself transferred to Churu Range and their he secured the post of Office Assistant and thereafter he came back to Jaipur Range in 5 1993 and later was promoted to the post of Office Superintendent in 1993. He came to know about all these developments much later in 1994 when he quoted particulars and thereafter he filed the present writ petition. The delay cannot be therefore a reason for not entertaining the writ petition on merits. Having heard the learned counsel for the parties and perused the material on record, I find that what is in substance challenged is the assignment of higher seniority to respondent no.4 in the seniority list of 1973 and all other things are consequential. Moreover, subsequent transfer of respondent no.4 to Churu Range and his promotion on the post of Office Assistant in that Range is not under question. Now the petitioner is questioning correctness of the order dated 19.11.1983 by which he was transferred to Jaipur Range again. Even in that transfer order, respondent no.4 was accepted in Jaipur Range on the post of Office Assistant and therefore could not claim higher post than him because he himself was promoted on the post of Office Superintendent in 1986. 6 In any case, both the seniority list and the transfer order of respondent no.4 was not been properly questioned by the petitioner and he earlier filed the writ petition and his subsequent writ petition was filed in 1985. The petitioner as well as the respondent no.4 have retired from service. Settled position of seniority and promotion granted to respondent no.4, cannot be now reopened at this distance of time more particularly when it is not known whether the petitioner is the only one, who would be beneficiary and there are not others, who may claim seniority benefit and who may be senior than even the petitioner. In the facts of the case, no relief possibly can be granted. The writ petition is therefore dismissed. (MOHAMMAD RAFIQ), J. RS/