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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE DEEPAK ROSHAN, J, M.S. Ramachandra Rao, CJ.
Mukulesh Chandra Narain, S/o. Sri Sharda Nand Prasad Sinha – Appellant
Versus
High Court Of Jharkhand – Respondent
JUDGMENT :
M.S. Ramachandra Rao, C.J.
1. The petitioner is a Judicial officer holding the post of a District Judge, but currently working as Officer on Special Duty (Judicial) to his Excellency the Governor of Jharkhand.
2. In this Writ petition the petitioner challenges Memo No. 3489/Apptt. dt. 18.09.2019 (Annexure-10) rejecting the representation of the petitioner contained in his letter dated 18/20.06.2016 for restoration of his seniority position in the seniority list.
3. The petitioner was initially appointed as a Judicial Magistrate in the State of Jharkhand on 29.05.2002. He was granted his first A.C.P. with effect from 28.05.2007 and second ACP with effect from 29.05.2012 in the cadre of Civil Judge (Junior Division).
4. He was later posted as Judicial Magistrate-cum-Judge In-charge in Civil Court, Pakur on 07.10.2015.
5. At that time he was communicated with an adverse entry for the assessment year 2014-15 vide a letter dt. 31.08.2015 (Annexure-1) issued under the signature of the Registrar (Vigilance) of the High Court of Jharkhand for the period he had worked as judicial Magistrate-cum-Judge In- charge, Civil Court, Deoghar. The said communication mentioned that the petitioner
The court ruled that seniority once settled should not be disturbed, and delay in seeking relief can result in denial of such relief.
Employment and Service matter - Re-assessment of seniority - As per Rule 3(1)(b), seniority of teachers in a grade has to be determined on basis of their substantive appointment in that grade, meanin....
Claims regarding seniority must be raised promptly; failure to do so can lead to dismissal based on delay and laches.
Seniority in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
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.
Established seniority cannot be altered without adhering to principles of natural justice, particularly when such changes result from belated representations.
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