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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Binod Kumar Mahto, son of Sri Alku Ram Mahto – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. eligibility and application process for service positions (Para 2 , 3 , 4 , 8) |
| 2. arguments regarding denial of seniority (Para 9 , 10) |
| 3. defense arguments against appellant's claims (Para 11 , 12 , 13) |
| 4. issues for court's consideration identified (Para 15 , 16 , 17 , 18) |
| 5. legal precedents on retrospective seniority (Para 36 , 39 , 44) |
| 6. court's conclusion on appeal merits and decision (Para 58 , 60) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 09.02.2024 passed by learned Single Judge of this Court in W.P.(S) No. 821 of 2020, whereby and whereunder, the writ petition has been dismissed holding that the writ petitioners voluntarily chose to join the police service when given the option to do so and therefore, cannot claim that joining the service was a policy decision binding them to it due to which they cannot demand seniority from the date of their initial appointment.
2. The brief facts of the case as per the pleading made in the writ petition requires to be enumerated, read as under:
The Jharkhand Public Service Commission floated an advertisement being Advertisement N
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.
Candidates wrongfully excluded from appointments are entitled to notional seniority from the date they should have been appointed, correcting delays caused by administrative latches.
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.
Point of Law : While enacting the provisions of Section 2 of the Act, 1861 itself delegated the power to the statutory authorities to fix the eligibility including the age etc. and statutory authorit....
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.
The petitioners were entitled to the benefit of FR 22-B, and the respondent authorities were directed to re-fix the scale of pay of the petitioners by giving them the benefit of FR 22-B.
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