The court upheld that claims for seniority cannot be made after a significant delay, reinforcing the principle of settled seniority positions.

ORDER

By Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial):-

Heard Shri Devendra Pratap Singh, learned counsel for the applicant and Shri Raj Pal Singh, learned counsel for the official respondents.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act , 1985 has been filed for the PUNIT KUMAR MISHRA following reliefs:

I. For quashing the order dated 27.01.2015 passed by respondent-3 as well as seniority list attached therewith.

II. For a direction upon the respondents to fix the seniority of the applicant with effect from 28.01.1987 and give all consequential benefits.

3. During the pendency of the instant Original Application, sole applicant was died and was substituted by his legal heirs.

4. The brief facts as apparent from the record of is that the original applicant (hereinafter referred as applicant) had worked as Casual Labourer under PWI, North Central Railway, Kanpur from 06.10.1974 to 14.11.1979. Thereafter, he was appointed under the handicapped quota vide letter dated 28.01.1987 issued by the Divisional Engineer, Northern Central Railway, Kanpur, but the applicant was not given appointment under the disabled quota in compliance of that order. Hence, he filed O.A. No.445/1988, which was decided by the order dated 27.03.1993 in which direction was given for appointment of the applicant and subsequently, a Review Application was also moved before this Tribunal, which was allowed with a direction to consider the claim of the applicant for appointment on the basis of appointment order already issued on 28.01.1987. In compliance of the same, the applicant was given posting under the handicapped quota vide order dated 22.11.2002, but seniority of applicant was not fixed w.e.f. 28.01.1987.

4.1 Aggrieved by the same, the applicant moved several representations before the respondents from 24.02.2004 onwards, but no action was taken. Hence, the applicant earlier approached this Tribunal by way of O.A. No.1445/2014, which was disposed of vide order dated 12.11.2014 with a direction upon the respondents to decide the representation of the applicant, within a period of three PUNIT KUMAR MISHRA months from the date of receipt of that order.

4.2 In compliance of the same, the respondent -3 passed the order dated 27.01.2015, rejected the claim of the applicant with regard to the seniority w.e.f. 28.01.1987 and also an order dated 27.09.2014 issued by the Assistant Divisional Engineer, NCR, Kanpur, wherein a seniority list has been attached. Hence, this Original Application has been filed.

5. On the other hand, counter reply was filed on from the side of official respondents, wherein it has been stated that the cause of action arose in the year, 2002 when the appointment was given to the applicant and the this Original Application is barred by law of limitation. The applicant was initially appointed as a casual labour daily rated on 06.10.1974. Due to limitation of handicapped quota even then for sympathetic consideration, the respondents considered his appointment for handicapped quota subject to availability of quota vacancy. Subsequently, appointment has been done on 21.11.2002 with the norms of filling vacancy in compliance of order dated 15.04.2002 passed in O.A. No.445/1988 by this Tribunal. As per the prevailing Rules, seniority of an employee is based on the date of entry on that category and as such, the claim of the applicant is not justified.

6. In reply, rejoinder affidavit has been filed by the applicant on 04.12.2020, wherein, reiterating the averments as made in Original Application.

7. Learned counsel for the applicant assailed the impugned order dated 27.01.2015 on the ground that this Tribunal vide order dated 15.04.2002 directed the respondents to consider the applicant’s claim for appointment under the handicapped quota on the basis of PUNIT KUMAR order dated 28.01.1987 and as such, the applicant is entitled to get his MISHRA seniority from the date of appointment letter dated 28.0