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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
Jagbir Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. legality of absorption into pwd department. (Para 2 , 3 , 4) |
| 2. impact of previous court orders on appointments. (Para 6 , 12 , 14) |
| 3. challenging seniority and promotions based on absorption. (Para 30 , 32) |
| 4. assessment of delay and laches in raising claims. (Para 54 , 73) |
| 5. final decisions on seniority assignments. (Para 330 , 331) |
JUDGMENT
Mr. M.S. Ramachandra Rao, J.
Since common issues of law and fact arise in this batch of cases, they are being disposed off by this common order.
2. We are concerned in these cases with the legality and validity of absorption of Sh.PradeepAtri, Sh. Praveen Chaudhary,Sh.Pankaj Gaur and Sh.Arun Bhatia(for short 'private respondents') [originally appointed as Sub Divisional Engineers/ Asst.Engineers (Civil) in the Haryana Rural and Panchayat Raj Department [for short 'the PR Department']] into the Haryana Public Works (Building and Roads) Department [for short 'the PWD (B&R) Department'] and grant of seniority to them above certain direct recruits.
| Name | Date of appointment in the PR dept. as SubDivisional Engineer/Asst Engineer | Date of deputation to PWD (B&R) dept. as SubDivisional Engineer/Asst Engineer | Date of abso | ||
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.
Service matter - Seniority - The seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service....
Vested rights of promoted employees cannot be impaired by subsequent administrative actions, preserving seniority acquired under prior rules.
The court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
Merit-based seniority must prevail in public service appointments despite procedural delays, ensuring fair treatment and equal opportunities as mandated by service regulations.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
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