Delay in challenging seniority list can’t be entertained: HC
STATE TIMES NEWS
JAMMU: Justice Alok Aradhe of J&K State High Court on Friday ordered that delay in challenge to the seniority list cannot be entertained in the absence of any satisfactory explanation for delay in questioning the validity of the inter se seniority assigned.
The Court further observed that, in service jurisprudence, immense sanctity is attached to a final seniority list. The seniority list, once published, cannot be disturbed at the behest of any person who chooses not to challenge it for four years. The sanctity of the seniority list must be maintained unless there are very compelling reasons to do so in order to do substantial justice.
The Court passed this judgment, while hearing a petition filed by Saqib Saleem and others seeking quashment of seniority list of Naib Tehsildars dated 8th October, 2013 as it pertains to inter se seniority of the petitioners and respondents notified by Financial Commissioner, Jammu and Kashmir.
The petitioners also sought direction to the respondents to fix the inter se seniority of the petitioners and 72 respondents as Naib Tehsildars in the order of merit obtained by them in the selection process after preparation of combined merit list of the candidates selected pursuant to advertisement notices dated 26th April, 2002, 14th December, 2005 and 26th May, 2008.