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ARVIND SINGH CHANDEL
Shyam Sundar Gupta – Appellant
Versus
State of Bihar – Respondent
Arvind Singh Chandel, J.—Heard finally.
2. This writ petition has been filed seeking following reliefs:—
(i) To issue an appropriate writ order/direction in the nature of certiorari for quashing the reasoned order bearing memo no. 1191 dated 25.10.2024 issued under the signature of Additional Chief Secretary, Heath Department, whereby and whereunder on the representation of the private respondent no. 10 (Dr. (Prof.) Kumari Uma Pandey) the seniority of the petitioner has been affected and it was decided that the seniority of the private respondent no. 10 will be decided as specified in the merit list prepared by the Bihar Public Service Commission at the time of appointment to the post of Ayurvedic Medical Officer (Annexure- P/10).
(ii) To issue an appropriate writ order/direction in the nature of mandamus commanding the respondents not to give effect to the reasoned order bearing memo no. 1191 dated 25.10.2024.
(iii) To issue an appropriate writ order/direction in the nature of mandamus commanding the respondents to take decision in terms of provisional seniority list issued by the Health Department dated 31.07.2024 till the pendency of the writ application.
(iv) To issue an appropriate
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
Employment and Service matter - Re-assessment of seniority - As per Rule 3(1)(b), seniority of teachers in a grade has to be determined on basis of their substantive appointment in that grade, meanin....
Once an incumbent is appointed to a post according to rule, his seniority has to be counted from the date of his appointment and not according to the date of his confirmation.
Seniority in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
Established seniority cannot be altered without adhering to principles of natural justice, particularly when such changes result from belated representations.
It would be unjust to deprive the respondents of the rights which have accrued to them. Each person to be entitled to sit back and consider that his appointment and promotion effected a long time ago....
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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