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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ananda Sen
Bhagwan Das, Son of Sri Krishna Das – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
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| 1. the petitioner contends that his seniority is incorrectly calculated based on appointment date. (Para 2 , 4) |
| 2. the court acknowledges that retrospective promotions and seniority adjustments are not permitted. (Para 3 , 6 , 8) |
| 3. legal precedents assert that the right to seniority depends on initial and regularized appointment. (Para 5 , 7 , 9) |
| 4. the petition is ultimately dismissed as no benefits can be granted post superannuation. (Para 10) |
ORDER :
Ananda Sen, J.
Heard, learned Senior counsel for the petitioner and learned counsel for the State.
2. In this writ petition, the petitioner has prayed for the following reliefs:-
(A) The Respondent be directed to determine his seniority on the basis of the date of his initial appointment at par with the same and similarly situated persons and to pass the final order within a stipulated period.
(B) The Respondents be directed to correct the seniority position of this petitioner mentioned in the seniority list dated 21.12 2016 on the basis of his initial date of appointment i.e. on and from 17.11.1981 and to give all consequential benefits there on.
(C) The Respondents be directed not to discriminate the petitioner and to exten
The court reaffirmed that seniority cannot be granted retrospectively from an earlier appointment date when it adversely affects validly appointed recruits.
Seniority should be counted from the date of initial appointment, and the regularisation of services should be considered in accordance with department rules.
The court established that objections against provisional seniority lists must be considered prior to finalization, affirming principles of fairness and the inapplicability of ad hoc promotions for s....
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 lists must be adhered to unless timely objections are raised; age considerations alone do not override settled seniority.
A candidate wrongfully denied appointment is entitled to seniority from the date of eligibility, despite not receiving monetary benefits for the intervening period.
Consideration for promotion is a fundamental right of an employee, and once retrospectively promoted, the benefit of the retrospective promotion should be extended for further promotion.
(1) Retrospective seniority cannot be claimed from a date when an employee is not even borne in service – Retrospective seniority unless directed by court or expressly provided by applicable Rules, s....
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