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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Ajay Kumar Bajpai S/o Shri Nandan Prasad Bajpai – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
AMITENDRA KISHORE PRASAD, J.
1. The present writ petition has been filed assailing the impugned order dated 11.09.2018 (Annexure P/1) whereby respondent No. 1 has summarily rejected the representation filed by petitioner without due application of mind, merely stating that the claim of petitioner had already been decided by a speaking order dated 28.03.2017. While doing so, respondent No. 1 has failed to consider the subsequent facts and documents submitted by the petitioner. The impugned order is non-speaking in nature and does not reflect any consideration of the grounds raised in the representation filed by petitioner, particularly with respect to the claim of petitioner for appropriate placement in the gradation list. Aggrieved thereby, the petitioner has been constrained to approach this Court by way of the present writ petition seeking following reliefs :
“10.1 That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned order dated 11.09.2018 and further be pleased to direct the respondent authorities to place the petitioner over and above respondent no. 3 in the gradation list, with all consequential benefits, in accordance with law.
10.2 That, any
Seniority in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
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....
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.
Claims regarding seniority must be raised promptly; failure to do so can lead to dismissal based on delay and laches.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
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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