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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Raju Prasad S/o Late Mohan Prasad – Appellant
Versus
Damodar Valley Corporation, through its Chairman – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard Mr. Amit Kumar Das, Ld. Counsel for the Petitioner and Ms. Khalida Haya Rashmi, Ld. Counsel for the Respondent Corporation-Respondent No. 1 to 5. Though a Vakalanama has been filed on behalf of the Respondent No.6, but no one turned up for argument. Since the matter is almost 10 years old, accordingly, with consent of the parties the Court heard the matter on 27.01.2026 and kept the case for pronouncement of the judgment.
2. The instant writ application has been preferred by the petitioners for quashing of letter dated 16.12.2015 issued by Respondent No. 5, whereby the request for restoration of seniority of Petitioner No. 1 was rejected, and consequently to restore the seniority of the Petitioners in accordance with Clause 12 of the relevant Office Memoranda dated 09.08.2007 and 02.01.2008 by re-designating/promoting them as Senior Accounts Officers with effect from 13.08.2006, being the date on which Respondent No. 6 was promoted.
Brief Facts & Case of the Petitioners:-
3. The petitioners were appointed as Accounts Officers pursuant to an advertisement, and thereafter vide appointment letters dated 10.02.2006 they were given appointment. Responden
UCP Scheme mandates strict maintenance of inter-se seniority as on 01.01.2007; retrospective upgradation of junior cannot supersede senior without stepping up latter's pay/scale to rectify anomaly.
The main legal point established in the judgment is that promotions granted based on the O.M. dated 03.05.2012, which extended the Select List Year 2003 of UDCs, indicated a fair method of filling up....
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
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.
Promotion processes must adhere to established guidelines, ensuring fair consideration for all eligible candidates. Clubbing of vacancies across years violates process integrity, and resultant promot....
Settled seniority cannot be disturbed after a significant delay without timely objections to established seniority listings.
Retrospective promotion cannot be granted to an employee from a date when the employee was not borne in the cadre. Sub-rule (3) of Rule 8 of the 2002 Rules was found inapplicable to determine the int....
The DACP Scheme's prospective application allows consideration of prior service for promotion benefits, correcting the promotion date based on actual service.
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