Ramdeo Oraon vs Union of India and Others

Aparesh Kumar Singh, J.—Heard counsel for the parties. The petitioner who is a Head Constable under the Central Industrial Security Force has challenged the provisional seniority list of 26.1.2012 issued by the respondents alleging that juniors to him namely Suresh Chand and T.K. Mandal have been shown to be senior in the said gradation list, though petitioner''s position in the seniority list is 21492.

Learned counsel for the respondents has straightway pointed out that the very same provisional gradation list was under challenge in W.P.S. No. 2818 of 2012 preferred by the petitioner, which was however not entertained by this Court vide judgment dated 11.4.2013, annexed as Annexure-4 to the writ petition. According to the respondents the petitioner has faced a number of punishment which are reflected in para 6 to 12 of the counter affidavit. They have also stated that said two persons who are Head Constable in C.I.S.F. are senior to the petitioner.

From the aforesaid submissions made on behalf of the counsel for the respondents and on perusal of the judgment passed in the case of petitioner earlier which is annexed as Annexure-4, it is evident that the petitioner in an oblique manner is raising the same cause of action which was not entertained on the earlier occasion by this Court. The same provisional gradation list of 26.1.2012 was being assailed with allegation that juniors to him have been promoted to the post of A.S.I. In that view of the matter, the present writ application appears to be exercise of abuse of process of law and needs to be dismissed and at the same time the conduct of the petitioner is to be deprecated. The writ petition is dismissed, accordingly.