1997 (12) TMI 644 - SC - Indian Laws

Supreme Court overturns seniority writ petition, emphasizes delay and disruption.

The Supreme Court held that the writ petition regarding seniority and placement in the gradation list of the department was wrongly entertained and ... - Issues involved: Seniority and placement in the gradation list of the department.Summary:The case involved appeals against a judgment regarding seniority and placement in the gradation list of the department. B.S. Bajwa and B.D. Gupta filed a writ petition in the High Court in 1984, claiming an earlier date of appointment in the department. The Single Judge allowed the writ petition, leading to a Letters Patent Appeal filed by other individuals before a Division Bench of the High Court.The Division Bench, while considering the laches in filing the writ petition, noted that the petitioners were shown junior in the confirmation list and had not objected to their position earlier. Despite this, the Division Bench granted the benefit of an earlier date of appointment to B.S. Bajwa and B.D. Gupta, which was contested by D.P. Bajaj and Jagir Singh as it affected their seniority and prospects.After hearing both sides, the Supreme Court held that the writ petition was wrongly entertained and allowed by the Single Judge and the Division Bench. The Court emphasized that the delay in raising the grievance after more than a decade was unreasonable and disturbed the settled position of seniority. Therefore, the Court set aside the judgments of the Single Judge and the Division Bench, dismissing the writ petition filed by B.S. Bajwa and B.D. Gupta.The Court clarified that the High Court's view on the merits of the case should not be treated as conclusive. The appeals of B.S. Bajwa and B.D. Gupta were dismissed, while the appeal filed by D.P. Bajaj and Jagir Singh was allowed. Consequently, the judgment of the Single Judge was set aside, and the writ petition of B.S. Bajwa and B.D. Gupta was dismissed.