Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
RAJESH MAZUMDAR
AM Bahadur Chetry S/o- Lt. Padma Bahadur Chetry – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
RAJESH MAZUMDAR, J.
1. Heard Mr R.P. Sarmah, learned Sr. counsel assisted by Ms M. Borah, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Addl. Sr. Government Advocate appearing for the respondents/department.
2. The facts leading to the filing of this writ petition are that the Social & Welfare department, Government of Assam, had floated an advertisement for the post of LDA-cum-Typist. Although a select list was prepared pursuant to the selection process, and the petitioner had been placed at Sl. No. 23 position 18 of the select list, persons below the petitioner in the select list had been appointed. The petitioner had approached this Court by filing W.P(C) No. 5682/2001. By the order dated 29.05.2003, this Court had held that the only conceivable way in which the wrong done to the petitioner can be remedied was by issuing an appropriate direction to forthwith appoint the petitioner in the post of LDA in the office of the Child Development Project Officer (CDPO), ICDS Project, Juria, Nagaon. This Court was also of the view that if it was possible to accommodate the appointment of the petitioner against a vacant post, then the person who had been place
Individuals reporting for duty, but not assigned tasks, cannot be denied salary, affirming that appointment dates should effectively relate to the dates juniors were appointed.
Delays in appointment due to prioritizing junior candidates necessitate recognizing the original joining date for benefits, including salary and pension.
A belated claim for service-related benefits is generally barred by delay and laches unless it arises from a continuing wrong, which was not established in this case.
The court determined that a petitioner cannot claim seniority or promote based on service from a distinct establishment due to separate seniority rules.
Administrative delays in appointment cannot disadvantage candidates in seniority and promotion eligibility, ensuring fairness in service matters.
Entitlement to salary arrears and pension benefits reinforced by judicial orders under Assam Services Pension Rules in cases of continued administrative failure to comply with court directives.
Court ruled that the petitioner is entitled to salary arrears from the date of joining, recognizing a continuing wrong due to administrative delays in compliance with prior judicial orders.
A candidate wrongfully denied appointment is entitled to seniority from the date of eligibility, despite not receiving monetary benefits for the intervening period.
Candidates wrongfully excluded from appointments are entitled to notional seniority from the date they should have been appointed, correcting delays caused by administrative latches.
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
