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DEEPAK ROSHAN
Bandna Bharti D/o Late Gulab Das – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. The instant writ application has been preferred by the petitioners praying for the following reliefs:
(II) For issuance of appropriate writs/orders/directions, particularly a writ in nature of certiorari for quashing of notification no 5835, dated 13.11.2020, issued under the signature of Respondent no. 2, as contained in Annexure-13, whereby and where under the seniority of the petitioners have been wrongly
Candidates wrongfully excluded from appointments are entitled to notional seniority from the date they should have been appointed, correcting delays caused by administrative latches.
Point of Law : Only those appointments which were made up to the date of the learned Single Judge's decision would be continued and no further appointments on the basis of Rule 3(B) would be consider....
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
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 in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
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.
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