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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Vinod Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners challenge seniority list and orders. (Para 2 , 3) |
| 2. arguments for merit-based seniority calculation. (Para 4 , 5 , 6 , 7) |
| 3. court analysis of seniority regulations. (Para 8 , 9) |
| 4. court dismisses petition. (Para 10 , 11) |
JUDGMENT
Asha Menon, J.: (Oral)
CM No.2510/2020
Exemption allowed, subject to all just exceptions.
W.P. (C) 924/2021 & CM APPL. 2509/2021
1. The petition has been heard by way of video conferencing.
2. The seven petitioners have filed this petition being aggrieved by the issuance of the Seniority List dated 24th April, 2020 and the order dated 12th October, 2020 whereby their objections to it, taken in their Legal Notice dated 6th August, 2020, were rejected. The petition has been filed with the following prayers: -
"(i) To quash and set aside the impugned order No. I.15013/01/2013/PERS-1029 dated 12.10.2020 (Annexure P-l) and impugned seniority list issued vide No. 1-15013/ 2/ 2020/ PERS-5802-35 dated 24.04.2020 (Annexure P-2) for the post of Asst. Comdt. /GD (LDCE) and re-fix the inter-se-seniority of the petitioners accordingly with all consequential benefits.
(ii) To declare the action of the respondents in issuing impugned ord
Merit-based determination of inter se seniority for Limited Departmental Competitive Examination candidates must align with the established rules and policies, distinguishing them from direct recruit....
The inter se seniority of LDCE candidates is determined based on the marks obtained in both LDCE and Basic Professional Course, as per the Scheme and Relegation Policy.
Eligibility for promotion under conflicting recruitment rules must prioritize service years and proper seniority lists as determined by precedent.
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.
The main legal point established is the interpretation of Rule 7(2) of BSF Recruitment Rules, specifically regarding the date of appointment for direct recruits and its impact on their seniority.
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