Chandigarh: Putting to rest the dispute over inter seniority between Haryana Civil Services (Executive Branch) officers selected in different batches between 1992 and 1999, the Punjab and Haryana High Court has upheld the seniority list dated December 12, 2006.
The Division Bench of Justices AB Chaudhari and Kuldip Singh also quashed the seniority list of April 16, 2010, placing Sandeep Singh and other officers of his batch above officers appointed prior to them.
The ruling came on a bunch of five appeals filed by Virender Singh Hooda and other officers. The appeals were filed against an April 1, 2015, judgment passed by a Single Bench, whereby four connected petitions were disposed of with directions to redraw the seniority list of HCS (EB) officers with “seniority assigned from respective dates of actual appointments to service as they occurred, i.e. when each of them came to be borne for first time in HCS cadre as members of service”.
The Bench asserted that seniority was fixed on December 12, 2006, after inviting objections from officers by passing a speaking order. It was required to be challenged within a reasonable time. A period of three to four months was considered to be reasonable time to challenge it. “Since 1997-batch officers did not challenge the seniority list of December 12, 2006, within a reasonable time, challenge to the seniority list is barred on account of delay… writ petitions are liable to be dismissed on this ground,” the Bench observed.
The Bench, at the same time, added that the petitioners had approached the High Court by filing civil writ petitions within time regarding seniority list of April 16, 2010. As such, their petitions regarding seniority list of April 16, 2010, was liable to be decided on merit.
The Bench added granting seniority to Virender Kumar Dahiya, Sandeep Singh, Lalit Kumar and Virender Singh Lather, from the date earlier than their appointments, was against the mandate of the Supreme Court judgments in Sandeep Singh and VS Hooda’s case.
The Bench added inter se seniority of Virender Kumar Dahiya, Sandeep Singh, Jagdish Sharma, Mahavir Singh, Lalit Kumar and Virender Singh Lather would remain as per their merit in the select list of 1997 batch.
It said the seniority list dated April 16, 2010, is liable to be quashed and seniority of Sandeep Singh and others is to be fixed from the date of their appointments and not from date earlier thereto.
Order reversed
“Since 1997-batch officers did not challenge the seniority list of Dec 12, 2006, within a reasonable time, challenge to the seniority list is barred… and their writ petitions are liable to be dismissed…. Consequently, judgment of Single Judge is liable to be reversed.” HC Bench
