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A. J. DESAI, NISHA M. THAKORE
INODKUMAR RAMANLAL JOSHI – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
NISHA M. THAKORE, J.
1. The appellants are the original petitioner Nos. 4 and 6, who have preferred this appeal under Clause 15 of the Letters Patent, challenging the oral judgment dated 29.11.2018 passed by the learned Single Judge in the captioned writ petition, whereby the learned Single Judge has dismissed the petition.
2. Facts as emerged from the records of the above captioned petition are briefly summarized as under:
2.2 It is the case of the petitioners that they were appointed more than 15 years back of filing of the captioned writ petition.
2.3 The State Government issued Notification dated 02.04.1997, which had constituted a new district Patan by carving areas of Mehsana and Banaskantha districts. The
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 in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
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.
Merit-based seniority must prevail in public service appointments despite procedural delays, ensuring fair treatment and equal opportunities as mandated by service regulations.
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