Sudhir Agarwal, J. - (1.) HEARD Sri R.C. Singh, learned Counsel for the petitioner and learned Standing Counsel for the respondents. Admittedly, final seniority list was published in 2006 wherein petitioner's name finds place at serial No. 95 though, according to him, that was wrong placement in the seniority list. Admittedly, he did not challenge the same throughout and for seven years, the matter remained unchallenged.
(2.) IT is no doubt true if seniority of two or more individuals has been determined long back and a person placed lower in seniority did not feel aggrieved to challenge the same within a reasonable time, he shall be non suited to do so after a long time since it may result in unsettling so many settled things. It is said that scrambled eggs cannot be unscrambled after process is complete. Challenge must come within a reasonable time. There is a long chain of decisions on this aspect. A Full Bench of this Court in Smt. S.K. Chaudhari v. Manager, Committee of Management, Vidyawati Darbari Girls Inter College, Lookerganj, Allahabad & others,, (1991) 1 UPLBEC 250, said that seniority list existing for the last 15 years would not be quashed after such a long time. It observed, "The law is well -settled that the Court will not interfere with a seniority list which had remained in existence for a long time and which had become final."
(3.) IN Rabindranath Bose and others v. Union of India and others, : AIR 1970 SC 470, the Court held, "It would be unjust to deprive the respondents of the rights which have accrued to them. Each person ought to be entitled to sit back and consider that his appointment and promotion effected a long time ago would not be set aside after the lapse of a number of years.";