Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Kuldeep Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. ex-servicemen claim military service for civil seniority weightage (Para 1 , 2 , 3 , 4 , 5) |
| 2. procedural challenges to seniority lists resolved partially (Para 6 , 7 , 8 , 9) |
| 3. rule 5(1) unconstitutional for non-emergency ex-servicemen (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. notifications cannot dilute judicial declaration of unconstitutionality (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. petition dismissed lacking legal basis (Para 24 , 25) |
By way of instant petitioner, the petitioners have prayed for grant of following reliefs:-
“a. Call for the records;
b. Quash and set aside office order dated 13.12.2019 issued by the Director General, Prisons and Correctional Services (Annexure P- 12);
c. Direct the respondents to accord the benefit of past service rendered by the petitioners in the armed forces in computing their respective Seniority;
d. Direct the respondents not to promote anyone by superseding the petitioners and not to convene DPC for that purpose of promotion to the post of Head Warders (HW) and Assistant Superintendent Jail (ASJ);
e. Quash and set aside the tentative and final Seniority lists issued on 20.2.2018 and 7.3.2018 f
Provision declared unconstitutional is void ab initio and non est; executive notifications cannot dilute judicial declaration without legislative action removing constitutional defect.
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.
Determination of seniority of an employee is dependent upon extant Rules.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
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 once settled cannot be unsettled after a long delay, and an order given in ignorance of the terms of a Statute or a rule having the force of Statute is per incuriam.
The court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
