BIREN VAISHNAV
Dashrathbhai Ramjibhai Solanki – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Rule returnable forthwith. Mr. Sharma, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondent – State.
2. With the consent of the learned advocates for the respective parties, the petitions are taken up for final hearing today.
3. The prayer in the petition of SCA No.9309/2020 is to quash and set aside the action of the respondent authorities of making the petitioner lose his seniority in the Final Seniority list dated 4.7.2020.
4. In the case 16299 of 2018 and allied matters, this Court vide order dated 8.3.2022 held as under:
With the consent of learned advocates for the respective parties, the petitions are taken up for final hearing.
By way of these petitions under Article 226 of the Constitution of India, the petitioners who were initially appointed as Forest Guards on fixed wage basis and got the benefit of inter district transfer post their period of regular service after five years, seek to challenge the resolutions dated 18.01.2017 and 20.01.2018.
Facts of Special Civil Application No.16299 of 2018 ar
State of Maharashtra v. Uttam Powar
Raksha Mantri and Another v. V.M. Joseph
The seniority of employees should not be affected by resolutions resulting in loss of seniority, and compliance with specific rules regarding examinations should be considered based on the circumstan....
The main legal point established in the judgment is that the seniority of employees appointed on a fixed wage basis should be counted from the date of their initial appointment post the period of fiv....
Seniority in a service cadre is determined by the date of entry into that cadre, and voluntary transfers do not entitle individuals to claim seniority from a prior service date.
Eligibility for promotion and higher grade scales must include all prior service, irrespective of department transfers, highlighting the unconstitutionality of arbitrary restrictions on seniority and....
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