The High Court of Jammu & Kashmir and Ladakh at Srinagar has dismissed a review petition filed by a CRPF officer seeking reconsideration of his seniority position. The court held that the challenge was raised after an unreasonable delay and that repeated representations to authorities could not extend the legal time for approaching the court.
Justice Sanjay Dhar observed that service disputes affecting settled seniority cannot be reopened after many years, especially when the rights of other officers have already become fixed.
Background of the Case
The petitioner, Manish Kumar Bharti, had appeared in a competitive examination in 1997 for the post of Assistant Commandant in the CRPF. According to him, although he was selected with the 30th batch, his appointment was delayed because the department received his verification report late.
The petitioner later joined training with the 33rd batch after seeking an extension due to his mother’s illness. He claimed that despite several representations, the authorities did not restore his seniority alongside his original batchmates.
The CRPF authorities argued that his seniority had already been fixed according to the applicable rules and that he had accepted training with the 33rd batch subject to those conditions. They also pointed out that his representation had been rejected in 2009 and that he had earlier approached the Jharkhand High Court before filing the present case.
The court noted that the original writ petition had already been dismissed in 2020 on the ground of delay and laches, meaning the petitioner had approached the court too late.
During the review proceedings, the petitioner argued that the court had overlooked the fact that he had first moved the Jharkhand High Court in 2011 and therefore there was no excessive delay.
However, Justice Dhar found that the petitioner was aware of his seniority position as early as 2002. The judgment referred to several earlier representations made by him over the years, showing that he knew about the issue long before approaching the courts.
“The representations relating to matters which have become stale or barred by limitation cannot cure the delay and laches in filing the writ petition,” the court observed while relying on Supreme Court rulings.
The court further said that merely sending repeated representations to the department does not create a fresh cause of action.
The High Court held that even if the petitioner approached the Jharkhand High Court in 2011, it was still nearly nine years after his seniority had been fixed. The delay, according to the court, was substantial and unexplained.
Justice Dhar also noted that reopening the dispute at such a late stage could affect the settled rights of other officers whose seniority had already been finalized.
Concluding that there was no apparent error in the earlier judgment, the court dismissed the review petition and refused to interfere with the original order.
Case Details
Case Title: Manish Kumar Bharti vs Union of India & Others
Case Number: RP No. 01/2021 in SWP No. 1283/2017
Judge: Justice Sanjay Dhar
Decision Date: 08 May 2026
