Mahavir Singh v. UOI & Ors.

1. Heard learned counsel for the parties.

2. Way back on December 03, 1985, evidenced by an Office Order No.54/1985, 6 persons were appointed as Peons in the Department of Supplies and Disposals, Government of India, one of whom was Mahavir Singh, the petitioner, and another person was Lohra Ram Rawat. In the said office order name of Mahavir Singh is above that of Lohra Ram Rawat.

3. Issue pertains to a seniority list of Peons. As per the department the list was finalized in the year 1989. Writ petitioner disputes said fact. In the said seniority list Lohra Ram Rawat has been shown as senior to the petitioner. The effect of the said seniority position is impacting petitioner to move up to the post of a LDC in the 5% quota for Group ‘D’ employees to be promoted to a Group ‘C’ post i.e. LDC.

4. Earning a promotion which was sought to be undone after 24 2013:DHC:2636-DB years, the stand of the Government of India was that keeping in view the seniority position of the writ petitioner he would not be entitled to be promoted as a LDC in the 5% departmental quota for Group ‘D’ employees. Petitioner found that Lohra Ram Rawat, whose name was below him in the office order above referred to by us, was being retained as a LDC.

5. Pleading that the list of the year 1989 had never seen the light of the day, in any case not to the eyes of Mahavir Singh; he along with few others filed Original Applications before the Tribunal in the year 2007. The Original Application filed by Mahavir Singh was registered as OA No.1754/2007, which was disposed of by the Tribunal vide order dated August 12, 2008 directing respondents to finalize a seniority list on common eligibility principles within 3 months and notify the same. It was further observed that if the applicants before the Tribunal are senior enough to be considered for promotion as LDC, their claim shall be considered.

6. Thereafter, the department finalized and notified the common eligibility-cum-seniority list and notified the same on August 10, 2011.

7. But before that Mahavir Singh had to file an Original Application before the Tribunal because he was being reverted from the post of a LDC to that of a Peon.

8. Needless to state the issue which came up before the Tribunal was to the seniority position of Mahavir Singh as a Peon, for that would determine his entitlement to earn a promotion to the post of LDC in the 5% quota.

9. Vide order dated September 30, 2011, the Original Application has been held to be barred by limitation on the premise that Mahavir Singh is challenging a seniority list issued in the year 1989. Review sought has been declined by the Tribunal vide order dated November 14, 2011.

10. Suffice would it be to highlight that the Tribunal has overlooked its earlier order dated August 12, 2008 passed in OA No.1754/2007 which required the department to finalize and notify the seniority list which in turn would settle the common eligibility list. In compliance therewith the department was proceeding to notify a common eligibility list but before finalizing the same sought to revert Mahavir Singh. When the Original Application was pending the common eligibility list was circulated.

11. Under the circumstances it cannot be held that the Original Application filed by Mahavir Singh i.e. OA No.425/2011 was liable to be dismissed as being barred by limitation.

12. We dispose of the writ petition setting aside the order dated September 30, 2011 as also the order dated November 14, 2011. OA No.425/2011 is restored with a direction to the Tribunal to decide the issue on merits pertaining to whether Lohra Ram Rawat would be entitled to a seniority position above Mahavir Singh.

13. Parties shall appear before the Registrar of the Tribunal on July 01, 2013 who shall list OA No.425/2011 before the Roster Bench for adjudication.

14. No costs.

15. DASTI.