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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Kiran Khaklary S/o Santosh Khaklay – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. procedural history and factual background of consolidated seniority dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. examination of seniority guidelines and previous court directions. (Para 13 , 14 , 15 , 16 , 17) |
| 3. seniority of fixed pay appointees must be determined by merit list. (Para 18 , 19 , 20 , 21 , 22) |
| 4. final directions for seniority correction and retrospective regularization. (Para 23 , 24 , 25) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. R Sharma, Learned Counsel for the Petitioner in WP(C) No. 5688/2019 and for the respondent No. 6 in WP(C) No. 7171/2017 and WP(C) No. 7686/2017. Also heard Mr. R S Chauhan, Learned Counsel for the Petitioner in WP(C) No. 7171/2017 and WP(C) No. 7686/2017, as well as the respondent Nos. 7 & 8 in WP(C) No. 5688/2019. Also heard Ms. BC Moshahary, Learned Standing Counsel, BTC, appearing for the State respondents in all the above noted three writ petitions.
2. The issues, involved in the above noted three writ Petitions, being inter-related, the said three writ petitions were taken up, analogously, for final consideration, with the consent of the learned counsel for the parties and is being disposed
The seniority for promotions in government services must be based on the order of appointment, not merely on merit lists, ensuring compliance with eligibility criteria.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
Seniority in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
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