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MANISH CHOUDHURY, KAKHETO SEMA
Neilhoulie Seyie – Appellant
Versus
State of Nagaland, represented by the Commissioner and Secretary, Department of Food and Civil Supplies – Respondent
JUDGMENT :
(Manish Choudhury, J.)
This intra -court appeal is presented against a Judgment and Order dated 21.10.2022 passed by a learned Single Judge in a writ petition, W.P.[C] no. 124/2019. It may be mentioned that by the Judgment and Order dated 21.10.2022, the learned Single Judge has disposed of two writ petitions, W.P.[C] no. 62/2019 and W.P.[C] no. 124/2019, by dismissing both of them. The writ petition, W.P.[C] no. 62/2019 was preferred by two writ petitioners viz. [i] Moanungsang; and [ii] Allen Imchen wherein the present appellant no. 1, Neilhoulie Seyie was impleaded as party-respondent no. 9. On the other hand, the writ petition, W.P.[C] no. 124/2019 was preferred by the present two appellants as the writ petitioners viz. [i] Neilhoulie Seyie [A-1]; and [ii] Vihinu John [A-2] wherein the two writ petitioners in the writ petition, W.P.[C] no. 62/2019 were impleaded as party-respondent no. 3 and party-respondent no. 4 respectively and they are also impleaded in this intra -court appeal as party-respondent no. 3 [R-3] and party-respondent no. 4 [R-4] respectively.
2. Being aggrieved and dissatisfied with the dismissal of their writ petition, W.P.[C] no. 124/2019 where the
The court affirmed the application of the quota-rota rule for determining inter se seniority between promotees and direct recruits, emphasizing its necessity for fairness in service.
Seniority between direct recruits and promotees must follow the quota-rota rule under statutory provisions when applicable, regardless of past non-implementation, ensuring fairness in the same recrui....
The seniority list was not prepared in accordance with the rules and the petitioners' objections were not considered.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
Seniority for government employees must be determined from the date of appointment, not the initiation of recruitment, as upheld in relevant Supreme Court decisions.
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
Seniority – Inter-se seniority between promotees and direct appointees – As far as posts of Income Tax Inspectors are concerned, principle of rota and quota or rotation of quota will apply.
Settled seniority cannot be retrospectively disturbed by review DPCs switching to post-based roster; vacancy-based DoPT methodology prevails over unamended RRs; protect pre-2015 promotee seniority an....
Quota-rota ratio in special rules for direct recruits and transferees must be applied vacancy-wise, not cadre-wise; excess transferee appointments against direct quota illegal and confer no seniority....
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