Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MR. JUSTICE SUMAN SHYAM, J
Shri. Moamongba R/o Forest Colony – Appellant
Versus
State Of Nagaland – Respondent
Judgment and Order :
1. Heard Mr. Limawapang, learned counsel for the writ petitioner. Also heard Ms. V. Suokhrie, learned Additional Advocate General, Nagaland, appearing for the official respondent nos. 1, 2 & 3 and Mr. N. Longkumer, learned counsel appearing for the private respondent nos. 4, 5 & 6. None has appeared for the respondent no. 7.
2. By filing this writ petition, the petitioner has challenged the final inter se seniority list of Forest Rangers, as on 15/12/2021, circulated by the Department vide Memorandum dated 15/12/2021, issued by the Principal Secretary to the Government of Nagaland, Department of Environment, Forests and Climate Change, whereby, the private respondent nos. 4, 5 & 6 have been placed above the writ petitioner in the seniority list. The facts and circumstances of the case, giving rise to the filing of the instant writ petition, shorn of unnecessary details, is narrated herein below.
3. The Nagaland Public Service Commission (NPSC) i.e. the respondent no. 7 herein, had issued advertisement no. 5/2009-2010 dated 12/08/2010 inviting applications from eligible candidates for filling up a number of different posts under the Government of Nagaland. The adve
Seniority among Forest Rangers is determined by the date of appointment in the absence of specific rules, not merely by merit in selection.
Retrospective promotion cannot be granted to an employee from a date when the employee was not borne in the cadre. Sub-rule (3) of Rule 8 of the 2002 Rules was found inapplicable to determine the int....
Claims regarding seniority must be raised promptly; failure to do so can lead to dismissal based on delay and laches.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
Seniority of foresters appointed under Rehabilitation Assistance Scheme is determined from training date, upholding compliance with existing rules and rejecting retrospective claims based on merger a....
The court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
Seniority among public servants must be determined by appointment date, with direct recruits prioritized over promotees who joined later, as per statutory provisions.
Seniority in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
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
