IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Roshan
Nazir Akhtar – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. challenge to seniority lists based on recruitment process. (Para 3 , 4) |
| 2. challenge against the validity of seniority lists. (Para 5) |
| 3. claims regarding seniority base on marks from jpsc. (Para 6 , 9) |
| 4. arguments regarding the determination of seniority based on merit and previous rules. (Para 7 , 10) |
| 5. respondent’s justification for seniority lists. (Para 15 , 20) |
| 6. issues of maintainability and recurring wrong. (Para 21 , 22) |
| 7. determining applicable seniority rules. (Para 23 , 30) |
| 8. statutory rights on basis of in-force rules. (Para 24 , 28) |
| 9. court’s directive for re-fixing seniority. (Para 26 , 32) |
| 10. final ruling affirming the necessity of aligning seniority with established merit lists. (Para 31) |
JUDGMENT :
Deepak Roshan, J.
Heard learned counsel for the petitioners and learned counsels appearing for the respondents at length.
2. Since both these writ applications involve common issue and are interconnected; as such, with consent of the parties both were heard together and being disposed of by this common judgment.
3. Both these writ petitions have been filed by the respective Petitioners invoking the writ jurisdiction of this Court under Article 226 of the Con
N.T. Devin Katti & Ors. Vs. Karnataka Public Service Commission & Ors.
Vested rights from recruitment advertisements must be respected and seniority must be determined based on established rules in force at the time of recruitment, which cannot be altered retroactively ....
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
Seniority assigned to any employee could not be changed after a lapse of 7 years, though even on merit it was found that seniority of the petitioner therein had correctly been fixed.
The seniority list must adhere to the rota-quota system, and ad hoc promotions cannot be counted for seniority unless conducted per established rules.
Candidates wrongfully excluded from appointments are entitled to notional seniority from the date they should have been appointed, correcting delays caused by administrative latches.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
Seniority inter-se direct recruits and promotee District Judges shall be determined on the basis of Roster.
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