IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15303 of 2010 ARVIND SINGH, SON OF LATE BHUSHAN SINGH RESIDENT OF MOHALLA ARA GARDEN ROAD, BAILEY ROAD, B.V.C., POST OFFICE P.S. DANAPUR PATNA. Versus 1. THE FOOD CORPORATION OF INDIA THROUGH MANAGING DIRECTOR, 16-20, BARAKHAMBA LANE, NEW DELHI. 2. EXECUTIVE DIRECTOR, EAST ZONE FCI, ZONAL OFFICE, 10 A, MIDDACTION RAW, KOLKATA, 71. 3. GENERAL MANAGER, REGION F C I REGIONAL OFFICE, ARUNACHAL BUILDING EXHIBITION ROAD. ----------- 04. 1.10.2010 Heard learned counsel for the petitioner and the counsel for the Food Corporation of India (hereinafter referred to as the Corporation), also considered counter affidavit refuting the prayer made in the writ petition on the ground of delay. 2. Petitioner is aggrieved by the order dated 16.12.2009, Annexure-12, whereunder his request to place him above Sri Tripurari Saran Jamaiyar in the seniority list of AG-III (Depot) has been refused on the ground that Sri Jamaiyar was promoted with effect from 22.12.1987 as has been admitted by the petitioner in paragraph-7 of the writ petition when petitioner was accused in vigilance case and was promoted after acquittal in the vigilance case with effect from 9.12.1988 under order dated 6.1.1994, Annexure-5. In the light of the order dated 6.1.1994, Annexure-5 petitioner was placed in the seniority list below Sri Jamaiyar. Petitioner 2 never assailed the order dated 6.1.1994, Annexure-5 either before the authorities of the Corporation or before this Court within reasonable time of its issue and service on the petitioner. Later, when seniority list was published and petitioner’s name was not included in the seniority list on account of mistake committed by the authorities of the Corporation, he filed representation dated 8.2.1999, Annexure-6 and other representation(s), which appears to have been rejected under the impugned order dated 16.12.2009, Annexure-12 on the ground that petitioner having been promoted under order dated 6.1.1994, Annexure-5 after Sri Jamaiyar with effect from 9.12.1988 cannot be allowed to steal march over Sri Jamaiyar, who stood promoted with effect from 22.12.1987. 3. I do not see any illegality in the order rejecting representation of the petitioner dated 16.12.2009, Annexure-12. The writ application is, accordingly, dismissed. Rajesh/ ( V. N. Sinha, J.)