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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Anil Abrol – Appellant
Versus
H.P. State Cooperative Agriculture & Rural Development Bank Ltd. – Respondent
| Table of Content |
|---|
| 1. seniority dispute: promotees claim priority over direct recruits due to delayed promotions. (Para 2 , 3 , 4 , 5 , 6) |
| 2. promotees eligible since 1998 entitled to seniority above 2000 direct recruits per rule 7(g). (Para 7 , 8) |
| 3. direct recruits senior by earlier appointment in prior cooperative year under rule 18. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. bank not 'state' under article 12; writ jurisdiction debated via precedents. (Para 15 , 16 , 18 , 19 , 20) |
| 5. writ maintainable absent objections and per coordinate bench precedents. (Para 17 , 21 , 22 , 23) |
| 6. seniority reckoned by actual appointment date, not eligibility or vacancy year. (Para 24 , 25 , 26 , 27 , 28) |
| 7. bod can review decisions absent stay or procedural flaws. (Para 29) |
| 8. petition dismissed for lack of merit. (Para 30) |
JUDGMENT :
Satyen Vaidya, J.
The instant petition has been filed for the following substantive reliefs:-
“a) Quash the decision dated 15/10/2009 (Annexure- P/8) taken by the respondent no.2.
b) Quash the final seniority list as at 30/4/2010 (Annexure-P/17).
c) Quash the proceedings of DPC which was convened on 9/7/2010 in so far it relates to the consideration for promotion to Gr.II. from among
Inter-se seniority between promotees and direct recruits determined by date of actual appointment to grade, not eligibility or process initiation date; direct recruits appointed earlier senior despit....
The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
Delayed claims in service matters can unsettle settled positions, making them unmaintainable without necessary parties involved.
Retrospective promotion cannot be granted to an employee from a date when the employee was not borne in the cadre. Sub-rule (3) of Rule 8 of the 2002 Rules was found inapplicable to determine the int....
The main legal point established in the judgment is that reservation in promotion and seniority is applicable based on the rules and classification of posts, and not all posts are covered under reser....
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
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