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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Chaman Lal – Appellant
Versus
Secretary, HPSSC – Respondent
JUDGMENT :
Sandeep Sharma, J.
By way of present petition, petitioner has prayed for following main reliefs:
“I. The impugned order dated 22/10/2021 Annexure P-5, may kindly be held illegal, unconstitutional, arbitrary and against the principle of natural justice and same may kindly be quashed and set aside.
II. That in the peculiar facts and circumstances of the case, the respondent may very kindly be directed to grant regularization to the petitioner with effect from the date of other three incumbents were regularized.
III. That such direction may kindly be issued to the Registrar to release the all consequential benefits and pay fixation, seniority to the petitioner in accordance with law.”
2. Precisely, the facts of the case as emerge from the record are that process was initiated by respondent-Commission to fill up four posts of Junior Officer (Personnel & Administration) vide advertisement dated 16.5.2016. Posts of Junior Officer (Personnel & Administration) at S.O. Level were in the pay scale of Rs. 10900- 34800+GP Rs. 4350 (PB-3) with basic pay of Rs. 15,250/-per month. Petitioner herein being fully eligible applied for the said post. Vide communication dated 31.3.2018, Under Secr
A candidate wrongfully denied appointment is entitled to seniority from the date of eligibility, despite not receiving monetary benefits for the intervening period.
Employees selected under the same process maintain seniority regardless of appointment delays, and delays not attributable to them cannot deprive them of benefits.
Wrongly denied appointment due to illegal selection of ineligible candidate entitles eligible petitioner to notional seniority from illegal appointment date for regularization, without back monetary ....
Candidates wrongfully excluded from appointments are entitled to notional seniority from the date they should have been appointed, correcting delays caused by administrative latches.
A candidate cannot be deprived of his entitlement due to an action taken by the authorities which was wrong and held to be wrong by a Court of law.
Administrative delays in appointment cannot disadvantage candidates in seniority and promotion eligibility, ensuring fairness in service matters.
It has been consistently opined that in case a candidate is wrongly denied appointment for no fault on his part, he cannot be denied appointment from due date and consequential seniority.
Entitlement for appointment on the basis of the originally prepared merit list cannot be denied, and seniority should be assigned based on the placement of candidates in the select list.
Merit-based seniority must prevail in public service appointments despite procedural delays, ensuring fair treatment and equal opportunities as mandated by service regulations.
Inter se seniority must be determined by merit according to recruitment rules, rather than the date of appointment, reinforcing principles of legal validity in public appointments.
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