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NELSON SAILO
David Lallawmkima Fanai – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Heard Mr. F. Lalengliana, learned counsel for the petitioner, Mr. C. Zoramchhana, learned Addl. Advocate General appearing for respondent Nos. 1, 2 & 3 and Mr. A.R. Malhotra, learned counsel for the respondent No. 4.
2. By filing this writ petition, the petitioner seeks for a direction to the respondent authorities to make appropriate modification in the inter-se-seniority list of the officers and staff of the Mizoram Board of School Education (MBSE) in respect of him and the respondent No. 4. According to him, he and the respondent No. 4 should be placed at par in their seniority. He also prays for stay of the process for filling up the post of Secretary, MBSE till final disposal of the writ petition.
3. This Court on 09.03.2021, while issuing notice of motion passed an interim order to the effect that the respondent authorities may go ahead with the process of selection for filling up the post of Secretary, MBSE but the same should not be finalized without leave of the Court till the returnable date. It is noticed that since then, the respondent authorities have not sought for any leave for finalizing the selection process and therefore, the matter rests at that.
4. The ca
Once an incumbent is appointed to a post according to rule, his seniority has to be counted from the date of his appointment and not according to the date of his confirmation.
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
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....
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