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A. K. JAYASANKARAN NAMBIAR, SYAM KUMAR V. M.
P. T. Anandan, S/o. Late Sri. Thankappan – Appellant
Versus
Sunny George – Respondent
JUDGMENT :
Dr. A.K.Jayasankaran Nambiar, J.
As these O.P.(KAT)’s impugn a common order dated 16.03.2022 of the Kerala Administrative Tribunal in O.A.No.289 of 2018 and connected cases, and involve a common issue regarding the manner of determining the inter se seniority of incumbents in the cadre of Assistant Professor in the Medical Education Service of the State, they are taken up together for consideration and disposed by this common judgment.
The facts in brief:
2. The recruitment and promotion to the various posts in the medical services of the State are not governed by any statutory rules but by executive orders issued by the State Government from time to time. This has been the cause for great consternation among both aspirants to the posts as well as incumbents thereof. Further, the non-framing of any rule/guidelines for the determination of inter se seniority among persons appointed to a post on the same day has only exacerbated the problem and added to the misery of those serving in those posts. It is not surprising therefore that there have been multiple rounds of litigation before the State Administrative Tribunal as well as before this Court without any final resolution of
Seniority among Assistant Professors must be determined by the date of entry into the cadre, not merely by re-designation, as per the KS&SSR.
The court upheld the government's order rectifying seniority to ensure fairness and compliance with constitutional principles.
In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration ....
The main legal point established in the judgment is that the 2003 Rules supersede any contrary provision in an earlier legal instrument, and the requirement of five years of service in the feeder gra....
The main legal point established in the judgment is the prohibition for retrospective promotion under the Karnataka State Civil Services Act and Rules, and the significance of seniority in determinin....
Branch-wise seniority for promotions is valid under recruitment rules, and long-standing acceptance of this system by appellants precludes their challenge.
The date of entry into service should determine seniority, and any departure from this principle must be consistent with the requirements of Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is that the seniority of the petitioners should be counted from the date of their regularization as Assistant Engineers. The court also emphasized the....
(1) Promotion – In absence of rules, recourse to recruitment based on executive orders could be taken.(2) Interpretation of Statute – No word, no phrase and no expression used in a legislation should....
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