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SANJEEV SACHDEVA, MANOJ JAIN
Employees State Insurance Corporation – Appellant
Versus
Anil Katyal – Respondent
JUDGMENT
Sanjeev Sachdeva, J.
1. Employees State Insurance Corporation - the petitioner in W.P. (C) 12135/2023, W.P.(C) 14351/2023 and W.P.(C) 14434/2023 is a Statutory Corporation under the Ministry of Labour and Employment, Govt. of India established under Section 3 of Employee State Insurance Act 1948 and is under the administrative control of the Ministry of Labour and Employment, Government of India.
2. The dispute in these petitions pertain to the seniority lists issued on 15.03.2016, 24.06.2016 and 08.11.2016 for the post of Social Security Officer/Branch Managers Grade - II/Superintendents in the Employee State Insurance Corporation (ESIC for short).
3. Private Respondents, the original Petitioners in O.A. 141 of 2017 and O.A. 1234 of 2022 before the Central Administrative Tribunal Principal Bench (hereinafter referred to as the Tribunal) were the departmental employees who had been promoted through Limited Departmental Competitive Examination impugned the seniority lists whereby the Direct Recruits were placed above them in the seniority lists. Petitioners in O.A. 235 of 2017 were direct recruits appointed under the Sportsperson category and claimed seniority to the other dire
The main legal point established in the judgment is that seniority lists must be drawn up in accordance with the law laid down by the Supreme Court and the relevant regulations, and if the lists are ....
Seniority must be reckoned from the date of substantive appointment, as an employee cannot claim seniority for any period prior to their actual entry into the service or their induction into the cadr....
Inter se seniority between direct recruits and promotees determined by rotation of quotas based on recruitment year (initiation of process), not vacancy year; non-compliant lists set aside for redete....
Service Laws – Seniority List – OMs made it clear that seniority of direct recruits had to be fixed from the date of appointment and not from date of initiation of recruitment process.
Seniority in government service is determined by the date of appointment, not just the year joined in the cadre, protecting prior established seniority rights.
Finalized inter-regional transferee seniority based on overruled precedent protected prospectively; cannot be reopened per Supreme Court direction and DoP&T circular.
Seniority cannot be granted to employees not borne in the cadre; it must reflect the actual date of joining. A fresh seniority list should be prepared following Supreme Court rulings.
Seniority for government employees must be determined from the date of appointment, not the initiation of recruitment, as upheld in relevant Supreme Court decisions.
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