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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, DEEPAK ROSHAN
Director General, Employees State Insurance Corporation – Appellant
Versus
Prawesh Kumar, son of Sri Ramdeo Prasad Singh – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The present writ petition under Article 226 of the Constitution of India is directed against the order/judgment dated 18.12.2024 passed in O.A No.051/00317/2021 by the Central Administrative Tribunal, Patna Bench [Circuit Bench at Ranchi] (in short, the learned Tribunal) whereby and whereunder while allowing the O.A No.051/00317/2021 a direction has been passed upon the respondents (petitioners herein) to prepare a fresh final seniority list in respect to the Upper Division Clerk in Jharkhand region for the recruitment year(s) in the light of observations made by the Hon’ble Apex Court in the case of “K. Meghachandra Singh & Ors. V. Ningam Siro and Ors.” reported in (2020) 5 SCC 689 and order dated 15.12.2020 passed by the learned Central Administrative Tribunal, Bench at Jaipur in O.A No.291/194/2020 which attains its finality after dismissal of W.P No.351 of 2021 by the Hon’ble High Court of Rajasthan at Jaipur and further the S.L.P filed against the said order being being Special Leave Petition (Civil) Diary No.(s). 25050 of 2022 has also been dismissed by the Hon’ble Apex Court.
2. The brief facts of the case as per the pleadings made in the
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.
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.
Seniority in government service is determined by the date of appointment, not just the year joined in the cadre, protecting prior established seniority rights.
Seniority for government employees must be determined from the date of appointment, not the initiation of recruitment, as upheld in relevant Supreme Court decisions.
Determination of seniority must comply with Supreme Court rulings, emphasizing the significance of actual appointment dates over vacancy years, as retrospective seniority is not permissible.
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.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
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