Back
RAJENDRA M. SAREEN
Vinodchandra Kantilal Tanna – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of the present petition, petitioners have challenged the exclusion of the name of the petitioner in “the State Level Provisional Seniority List dated 17/07/2014 prepared by the Revenue Department, State of Gujarat, as, though petitioner is senior to one Mr. Mayurbhai N. Thakkar and though the name of the petitioner was above the said person in the Central Selection List, his name was excluded in the seniority list and the name of Mr. Mayur N. Thakkar was included at Sr.No.6153, the same being unjust and causing great prejudice to the petitioner and also affects his promotional avenues. The petitioner has prayed to issue a writ of mandamus or any other appropriate writ, order and/or directions directing the respondent authorities to show the name of the petitioner above the name of the respondent No.3 – Mayur N. Thakkar who is junior to the petitioner and shown at Sr.No.1064 by giving effect of deemed date in the provisional seniority list dated 17/4/2017 of Deputy Mamlatdar.
2. The facts giving rise to the present petition are as under:
2.1. The petitioner was appointed as a Clerk by an appointment order dated 06/08/1984 issued by the District Collector, Gandhinag
Seniority in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
Settled seniority cannot be disturbed after a significant delay without timely objections to established seniority listings.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
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.
Claims regarding seniority must be raised promptly; failure to do so can lead to dismissal based on delay and laches.
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
