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K. VINOD CHANDRAN, PARTHA SARTHY
Rishi Raj, son of Late Harish Chandra Sinha – Appellant
Versus
State of Bihar, through the Principal Secretary, Energy Department – Respondent
JUDGMENT :
(K. Vinod Chandran, CJ.)
The appellant is aggrieved with the impugned judgment of the learned Single Judge which declined grant of inter-se seniority in accordance with the guidelines regulating such seniority between direct recruits and promotees. The claim of the appellant was declined by the learned Single Judge on the ground of delay and laches and non-impleadment of affected parties; who continued as seniors of the appellant when the issue was alive before this Court and even before.
2. On brief facts, it is to be noticed that the appellant was appointed as an Accounts Clerk on compassionate grounds, on the death of his father. Subsequently, the respondent, the Bihar State Power (Holding) Company Limited (hereinafter referred to as ‘respondent-company’) brought out two advertisement Notices bearing Nos.4 of 2007 and 5 of 2007 respectively for promotion and direct recruitment. The petitioner appeared in both the selection process, first in the internal process and then in the direct recruitment, which is termed as external. Relying on the dismal performance of the petitioner in the written test, his promotion under the internal recruitment process against the 2% quota
Inter-se seniority between direct recruits and promotees must be determined based on timely actions and adherence to procedural rules, with promotees prioritized when appointments are made simultaneo....
The right to promotion and seniority under the Special Rules must be upheld, ensuring eligible candidates are prioritized over direct recruits.
The court affirmed that the seniority of direct recruits is determined from their date of appointment and training, and not from when their probation commences, countering the High Court's earlier de....
Delayed claims in service matters can unsettle settled positions, making them unmaintainable without necessary parties involved.
The entitlement to notional seniority is subject to actual joining dates, irrespective of previous merit, affirming procedural adherence over retrospective adjustments.
Seniority – Inter-se seniority between promotees and direct appointees – As far as posts of Income Tax Inspectors are concerned, principle of rota and quota or rotation of quota will apply.
Seniority assigned to any employee could not be changed after a lapse of 7 years, though even on merit it was found that seniority of the petitioner therein had correctly been fixed.
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.
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