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VIBHA KANKANWADI, VRUSHALI V. JOSHI
Darshika Chandrakant Rakhunde – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
VRUSHALI V. JOSHI, J.
1. Heard Mr. S.P. Dharmadhikari, Senior Advocate for the petitioners, Mr. Devendra Chauhan, Government Pleader (Senior Advocate) for respondent No. 1, Mr. A.S. Jaiswal, Senior Advocate for respondent No. 2, Mr. Rahul Kalangiwale, Advocate for respondent Nos.7 to 18 and Mr. A.A. Naik, Advocate for Respondent Nos.19 to 42.
2. Rule.
3. The petitioners have approached this Court being aggrieved by the memorandum dated 4.6.2021 passed by respondent No. 2 thereby granting approval for treating the period of training undergone by respondent Nos.7 to 42 as period spent in service.
4. The petitioners are promotees and respondent Nos.7 to 42 are selected R.F.Os. through recruitment process. Controversy is between promotees and direct recruits about their inter se seniority.
5. Initial appointment of petitioners was as Foresters in the year 2006 and 2007, thereafter they were promoted to Range Forest Officer on ad-hoc basis in the year 2013 and by order dated 23.2.2015 they were confirmed.
6. In the year 2006 respondent No. 2 revised its Recruitment Rules introducing the appointment of post of Range Forest Officer (for short “R.F.O.”) by nomination. Appointment by pr
The court established that training periods for direct recruits are not counted as service until successful completion, impacting seniority rights.
Statutory rules prevail over government resolutions in determining seniority and service requirements.
Seniority of foresters appointed under Rehabilitation Assistance Scheme is determined from training date, upholding compliance with existing rules and rejecting retrospective claims based on merger a....
The date of appointment for determining seniority in a substantive post should be the date of actual appointment post-training, not the date of initial recruitment as an Apprentice.
Seniority – Date of entry in a particular service or date of substantive appointment is the safest criterion for fixing seniority inter se between one officer or other or between one group of officer....
It is also settled that employer has a right to determine transparent, fair and impartial criteria for selection to a post through appointment or by way of promotion.
Seniority among direct recruits is determined by the date of continuous regular appointment, with delays due to medical issues not affecting this determination.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
The court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
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