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PRAKASH GUPTA, ANOOP KUMAR DHAND
Ankit Khandelwal S/o Shri Ghanshyam Prasad Gupta – Appellant
Versus
Union of India, through the Secretary – Respondent
ORDER :
1. Instant petition has been directed against the impugned order dated 15.12.2020 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred as ‘the Tribunal’) by which the original application filed by the respondents No. 6 to 21 (hereinafter referred as ‘the private respondents’) has been allowed, the impugned draft/provisional seniority list has been set aside and the official respondents No. 1 to 5 have been directed to revisit the draft seniority list in the light of the current legal position, including the judgment delivered by Hon’ble the Apex Court in the case of K. Meghachandra Singh and Others vs. Ningam Siro and Others in Civil Appeal No. 8833-8835/2019 decided on 19.11.2019 and publish a fresh seniority list, within 3 months from the date of receipt of a certified copy of the order.
2. Brief facts of the case are that the private respondents submitted an original application before the Tribunal for quashing the draft seniority list dated 11.03.2020 by mentioning the facts that they were appointees of the year 2011/2012 and 2013 on the post of Lower Division Clerks/Upper Division Clerks in ESI Corporation in Gujarat/Punjab/Maharashtr
Seniority cannot be granted to employees not borne in the cadre; it must reflect the actual date of joining. A fresh seniority list should be prepared following Supreme Court rulings.
Inter se seniority between direct recruits and promotees determined by rotation of quotas based on recruitment year (initiation of process), not vacancy year; non-compliant lists set aside for redete....
Service Laws – Seniority List – OMs made it clear that seniority of direct recruits had to be fixed from the date of appointment and not from date of initiation of recruitment process.
Seniority in government service is determined by the date of appointment, not just the year joined in the cadre, protecting prior established seniority rights.
Seniority must be reckoned from the date of substantive appointment, as an employee cannot claim seniority for any period prior to their actual entry into the service or their induction into the cadr....
The main legal point established in the judgment is that seniority lists must be drawn up in accordance with the law laid down by the Supreme Court and the relevant regulations, and if the lists are ....
Seniority lists finalized under pre-overruling law (initiation of recruitment process and quota rotation) protected prospectively; ad hoc service does not confer seniority; repeated provisional lists....
Determination of seniority must comply with Supreme Court rulings, emphasizing the significance of actual appointment dates over vacancy years, as retrospective seniority is not permissible.
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