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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MANGESH S. PATIL, PRAFULLA S. KHUBALKAR , JJ.
Sagar Sontakke – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
MANGESH S. PATIL, J.
The issue involved in these petitions is as to whether the employees, who have been selected under the same selection process but were appointed at different times can claim the seniority according to the select list and can claim as appointed on the date, the first appointment was made, irrespective of the delay in making the appointments.
2. The issue arises in the backdrop of following factual scenario:
The respondents i.e. the Department of Indian Postal Service-respondent no. 2 to 4 published an advertisement for recruitment to 1701 posts of postman-mail guard (PM-MG) and 730 posts of multi tasking staff (MTS). Along with several aspirants, the petitioners also appeared at the examination and selection lists were prepared. The petitioners were given appointment after document verification and medical examination.
3. On 25.11.2016, the respondents cancelled the entire selection process on some complaints. Some candidates filed Writ Petition No. 12117/2016 (Prakash Bhagaji Wani and others Vs. Union of India and others) and connected matters. By the judgment and order dated 03.05.2019 the decision dated 25.11.2016 of cancellation of the entire process w
Employees selected under the same process maintain seniority regardless of appointment delays, and delays not attributable to them cannot deprive them of benefits.
Administrative delays in appointment cannot disadvantage candidates in seniority and promotion eligibility, ensuring fairness in service matters.
The court established that delays in appointments and promotions caused by bureaucratic inefficiency cannot prejudice the rights of applicants, and they are entitled to notional benefits accordingly.
A candidate wrongfully denied appointment is entitled to seniority from the date of eligibility, despite not receiving monetary benefits for the intervening period.
The principle of a continuing wrong allows for relief in cases of delayed service-related claims, and monetary benefits may be restricted to a certain period prior to the filing of the petition.
Candidates wrongfully excluded from appointments are entitled to notional seniority from the date they should have been appointed, correcting delays caused by administrative latches.
The entitlement to notional seniority is subject to actual joining dates, irrespective of previous merit, affirming procedural adherence over retrospective adjustments.
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