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SANJAY DHAR
Muneer Ahmad Shigan – Appellant
Versus
Skuast – Respondent
JUDGMENT :
1) Briefly stated, case of the petitioner is that he had responded to the Advertisement Notice No.01 of 2004 dated 19.11.2004, whereby applications were invited by the respondent University for appointment to the posts of Computer Programmer (Training Assistant), now designated as Programme Assistant (Computer). According to the petitioner, despite being fully eligible and qualified for the post, he was denied appointment, as a result of which he had to invoke the writ jurisdiction of this Court. The said writ petition bearing SWP No.778/2007 was allowed by this Court in terms of judgment dated 29.11.2014 and the official respondents were directed to appoint the petitioner against the available post of Computer Programmer (Training Assistant). It was also held by the Court that respondents No.3 to 6 were not eligible but the Court without disturbing their appointment directed the appointment of the petitioner. According to the petitioner, the judgment was upheld in appeal and despite this, the official respondents did not implement the same, which compelled him to file a contempt petition before this Court. The official respondents thereafter issued impugned order No.824
A candidate wrongfully denied appointment is entitled to seniority from the date of eligibility, despite not receiving monetary benefits for the intervening period.
Administrative delays in appointment cannot disadvantage candidates in seniority and promotion eligibility, ensuring fairness in service matters.
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.
The decision highlights the importance of character and antecedent verification for uniformed services, the finality of the Selection Committee's decision, and the inability to claim retrospective se....
The entitlement to seniority benefits in accordance with merit and the consideration of all candidates who participated in the same selection process for seniority from the date of joining.
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.
Seniority in recruitment must align with merit placement in a common selection process, as per applicable rules.
Seniority in recruitment must align with merit, ensuring that candidates with higher merit are prioritized over those with lower merit.
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