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S. N. PATHAK
Binod Kumar Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. PATHAK, J.
Heard Mr. Manoj Tandon, learned counsel assisted by Ms. Neha Bhardwaj, appearing on behalf of the petitioners and Mr Manish Kumar, learned Sr. SC-III assisted by Mr. Rajesh Kumar Jha appearing on behalf of the State.
PRAYER
2. The writ petitioners, who are posted as Deputy Superintendent of Police, State of Jharkhand have thrown challenge to the decision as contained in Memo No. 3283, Dated 24.06.2019 [Annexure-20] whereby their prayer for placing them at appropriate places in seniority list, has been declined.
Petitioners have further prayed that their initial date of appointment be treated as 12.08.2010 instead of 01.07.2012 and further place them in appropriate place of seniority list prepared by the Department. Such prayer has been made only on the ground that initially they were appointed as Deputy Collectors on 12.08.2010 but later on, they were shifted to the post of Deputy Superintendent of Police on 01.07.2012.
FACTS OF THE CASE
3. According to petitioners, the Jharkhand Public Service Commission published Advertisement No. 11/2007 for Preliminary Examination to be held on 11.01.2008 for different posts of Jharkhand Administrative Service, Jharkhand Pol
A person cannot claim retrospective seniority in a service from a date prior to joining that service, reflecting the principle that seniority is tied to actual induction into the cadre.
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.
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....
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 for government employees must be determined from the date of appointment, not the initiation of recruitment, as upheld in relevant Supreme Court decisions.
The seniority of employees should not be affected by resolutions resulting in loss of seniority, and compliance with specific rules regarding examinations should be considered based on the circumstan....
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
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