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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G. PANDIT, K.V. ARAVIND
Nalina G. A. – Appellant
Versus
State Of Karnataka Rep. By Its Principal Secretary, Public Works Department – Respondent
| Table of Content |
|---|
| 1. dispute involving seniority between absorbed and directly recruited aes (Para 1 , 2 , 3 , 4 , 5) |
| 2. background on absorption and promotions in rdpr department (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. contentions regarding seniority and rights of absorbed aes vs. dr-aes (Para 14 , 15 , 16) |
| 4. apex court's stance on vested rights regarding promotions (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 5. final rulings on seniority and orders of the court (Para 31 , 32) |
ORDER :
S.G. PANDIT, J.
In the above batch of Writ Petitions, the grievance of the parties is common and it is the dispute between the Absorbed Assistant Engineers, Hereinafter referred to as ‘Absorbed AEs’ and Direct Recruit Assistant Engineers, Hereinafter referred to as ‘DR-AEs’ in the Department of Rural Development and Panchayat Raj, Hereinafter referred to as ‘RDPR Department’. Hence, with the consent of the learned counsel for the parties, all the above Writ Petitions are taken up together, heard and disposed of by this common order.
2. In Writ Petition No.26182/2023, Absorbed AEs are before this court questioning the order dated 08.08.2023 in Application Nos. 3505-3509 of 2022 C/w Application Nos. 2426-2430 of 2022, wherein
Vested rights of promoted employees cannot be impaired by subsequent administrative actions, preserving seniority acquired under prior rules.
Employment and Service matter - Assistant Engineers - Appointment of - Provisions of ‘Appointment by Transfer’ was restricted to count one third of service rendered by Junior Engineers prior to appoi....
Service matter - Seniority - The seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service....
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
Employees transferred at their own request must forfeit previous seniority and accept the lowest rank in the new department, as stipulated by service regulations.
The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
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