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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sushrut Arvind Dharmadhikari, Syam Kumar V.M.
K.C.Dileep Kumar – Appellant
Versus
Kerala State Electricity Board Ltd. – Respondent
Headnote: Read headnote
JUDGMENT :
Sushrut Arvind Dharmadhikari, J.
The present intra-Court Appeal under Section 5 of the Kerala High Court Act 1958 assails the judgment dated 05.02.2020 passed in W.P.(C) No.24477/2017-H whereby the writ petition filed by the appellant has been dismissed by the learned Single Judge.
Facts
2. The brief facts of the case are that the appellant was appointed as Foreman Grade-II in the Kerala State Electricity Board (KSEB) on 24.04.1995 on the advice by the Kerala Public Service Commission. Subsequently, on 11.08.2000, the Kerala State Electricity Board (KSEB) signed a long-term settlement with two recognized trade i.e unions, ., the Kerala State Electricity Board Workers Association and the Kerala Electricity Workers Federation, which provided for revision of pay and allowances and other service conditions of the workmen of the KSEB. According to Clause 5 of Article VII, Staff Pattern, B – Executive Staff, the posts of Foreman (Civil) and Sub Engineer (Civil) were merged effective from 29.08.2000. All Fore
In the absence of specific rules, seniority is determined by length of service, reinforcing principles of fair administrative action and equality.
The amended rules govern seniority for vacancies, overruling prior case law that suggested otherwise.
The main legal point established in the judgment is the application of the catch-up rule for seniority determination in the absence of specific provisions for consequential seniority in the service r....
Any right or claim of a person in a different service will have to be settled at time of integration.
Merit-based seniority must prevail in public service appointments despite procedural delays, ensuring fair treatment and equal opportunities as mandated by service regulations.
Delayed claims in service matters can unsettle settled positions, making them unmaintainable without necessary parties involved.
(1) Seniority – Once an incumbent is appointed to a post according to rules, his seniority has to be reckoned from date of initial appointment and not according to date of confirmation, unless rules ....
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