IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 28.04.2026 Pronounced on:08.05.2026 Uploaded on: 08.05.2026 Whether the operative part or full judgment is pronounced:

Full RP No.01/2021 in SWP No.1283/2017 MANISH KUMAR BHARTI ... PETITIONER(S)

Through: - Mr. Danish Majeed, Advocate.

Vs.

UNION OF INDIA &ORS. …RESPONDENT(S)

Through: - Mr. Hakim Aman Ali, Dy. AG CORAM: H ON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1) The review petitioner has filed the present petition seeking review of order dated 03.12.2020 passed by this Court whereby writ petition filed by the review petitioner bearing SWP No.1283/2017 has been dismissed on account of delay and laches.

2) It appears that the review petitioner had filed a writ petition before this Court seeking a direction upon the respondents to revisit his seniority and to determine and fix the same either at bottom of 30th Batch or at the top 31st Batch of Assistant Commandants in CRPF.

3) According to the petitioner, in the year 1997, he had appeared in the competitive examination held by the respondents for making selection to the post of CPO (Assistant Commandant). He came to be selected in 30th batch of CPOs-1996 but his appointment order was delayed by the department as it could obtain verification/ antecedent report from the relevant authorities belatedly, as a consequence whereof, the petitioner could not undergo the requisite training with the 30thBatch. It was submitted by the petitioner that when the police verification report was received, by that time, 30thand 31st Batches had already commenced their training and as such he was offered appointment with 32nd Batch, but due to ailment of his mother, he sought extension of six months’ time to undergo the requisite training, which was acceded to by the respondents. It has been submitted that after the expiry of six months, the petitioner was asked to undergo requisite training with next batch, that is 33rd Batch. Upon successful completion of the training course, the petitioner is stated to have made a number of representations before the respondents requesting them to reckon his seniority along with his original batch-mates, namely 30th Batch, but his representations were rejected without assigning any reason.

4) In the reply filed by the respondents, an objection was raised that the writ petition is afflicted with delay and laches. It was further submitted that inter se seniority has been settled and that seniority of the petitioner has been fixed in accordance with Rule 8(b)(ii) of the CRPF Rules, 1955 read with DOP&P OM No.35015/2/93(D) dated 09.08.1995 and other relevant rules and orders. It was pleaded by the respondents that upon receipt of verification report of the petitioner, he was issued offer of appointment with the direction to join training along with 32^nd batch which commenced from 25th February, 2000 but he failed to join the training course and requested for extension of time. It has been submitted that subsequently, the petitioner was allowed to join the training course along with 33rd batch which commenced from 14th October, 2000 and this was made subject to the condition that his seniority will be assigned as per letter dated 15^th March, 2000. Accordingly, inter se seniority of the petitioner was fixed correctly above 33rd batch in which he had undergone his training. It has been submitted that representation of the petitioner was rejected in terms of communication dated 7^th September, 2009, against which he filed writ petition before the High Court of Jharkhand at Ranchi but the same was dismissed as withdrawn, whereafter the petitioner filed the writ petition before this Court.

5) The learned Writ Court vide the order under review dismissed the writ petition filed by the petitioner, primarily, on the ground of delay and laches. According to the learned Writ Court, it was only in the year 2017 that the petitioner had laid challenge to his seniority though he had entered the department in the y