Belated service claims for promotion/seniority barred by limitation, laches; no continuing wrong; requires specific challenge.

ORDER

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The applicant had moved a Miscellaneous Application No.3044/2016, seeking condonation of delay in filing the instant OA, however, number of days had not been mentioned for which condonation of delay was sought. Therefore, as per directions of this Tribunal, the applicant moved Miscellaneous Application No. 328/2018 seeking condonation of delay of eight (8) years in filing the instant OA.

2. In both the MAs, plea has been taken that the applicant retired from service in the year 2008 and had continuously agitated the issue prior to as well as after retirement about the injustice meted out to him. The issue was also raised before various constitutional authorities like SC/ST Commission besides various authorities, but no reply was ever received.

3. The factual matrix inter alia involved in the OA as well as MAs are interwoven in nature and inter- dependable to each other. Therefore, the OA as well as MAs are being decided by a single order.

4. The present Original Application has been filed by the applicant seeking appropriate directions against the respondents for violation of the constitutional mandate relating to reservation and seniority, which has resulted in denial of timely promotions and consequential retiral benefits to the applicant. He has filed the instant OA seeking the following relief(s) :-

“(a) To produce all records pertaining to seniority and the SC/ST roaster as maintained right from 1969 onwards along with all modifications/ amendments if any, that may have been done as per the Government instructions issued from time to time since 1969.

(b) To produce all records relating to preparation of seniority of all civilian cadres till date;

(c) To produce all records of promotions given to the candidates belonging to the SC category including the applicant from in various cadres including DPC agenda papers showing consideration of SC in promotional cadres like UDC, Section Officers, Administrative Officer and Senior Administrative Officer and DPC minutes thereof from 1970 onwards upto 2008.

(d) To quash and set aside all the illegal acts done by the respondents in the matter of preparation of the seniority lists since 8/1969 qua the applicant and fix the seniority accordingly and thereby promoting the applicant on notional basis as per his seniority and then determine the retiral dues and benefits inter-alia of pension and other dues arrears to be paid to the applicant.

(e) To issue directions to the respondents to consider the applicant's case for career advancement since 1969 as per the SC/ST roaster with all consequential benefits including fixation in the pension and arrears thereof.

(f) To issue appropriate directions to respondent no 2 and 3 for getting an administrative audit conducted in respect of maintenance of SC/ST roster and then call for its report with a copy to the applicant.

(g) To issue any other order or direction as may be deemed appropriate in the facts of the case;”

5. The brief facts of the case are that the applicant who belongs to the Scheduled Caste category was appointed as Lower Division Clerk (LDC) in the civilian cadre of the Border Security Force under the Ministry of Home Affairs on 01.08.1969. He was promoted to the post of UDC in the year 1977 i.e. after about 8 years of induction into service. Ordinarily, the applicant should have promoted after five years of service as LDC to the post of UDC, however, the promotion as UDC was delayed by three years. The applicant was further promoted as an Assistant in