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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
Union of India – Appellant
Versus
Sanjay Kumar – Respondent
| Table of Content |
|---|
| 1. challenge to seniority list of junior engineer (Para 2 , 3 , 4 , 5 , 6 , 10) |
| 2. legal challenge against changed seniority (Para 12 , 15) |
| 3. court's observations on settled seniority (Para 20 , 27 , 28) |
| 4. arguments for correction of seniority list (Para 22 , 24 , 25 , 26) |
| 5. settled seniority cannot be disturbed (Para 29 , 30 , 31) |
| 6. affirmation of lower court's decision (Para 32 , 33 , 34) |
JUDGMENT
M.s. Ramachandra Rao, J. (Oral)
Mr. Vivek Singla, Advocate has filed his power of attorney on behalf of respondent No.1 today in the Court which is taken on record.
2. This Letter Patent Appeal is preferred against the judgment dt. 16.12.2016 in CWP-8809-2012 passed by the learned Single Judge of this Court.
3. In the said Writ petition, respondent No.1 had questioned the validity of a seniority list of Junior Engineer (Electrical) and also sought for quashing an order dated 17.02.2012 by which his representation had been rejected by the appellants.
4. Respondent No.1 and other private respondents were candidates for recruitment to the post of Junior Engineer (Electrical) pursuant to an advertisement issued by the appellants in 2001-2002.
5. The appellants have classified th
The main legal point established in the judgment is the principle of not unsettling long-standing seniority and the importance of timely challenges to seniority.
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(1) There is one cadre of Junior Engineers in Minor Irrigation Department and there has to be one seniority list of Junior Engineers. It is seniority list of cadre of Junior Engineers which would be ....
The court affirmed that settled seniority cannot be disturbed after substantial delays, even if the grounds for challenge are justified, emphasizing adherence to established legal principles.
Employment and Service matter - Re-assessment of seniority - As per Rule 3(1)(b), seniority of teachers in a grade has to be determined on basis of their substantive appointment in that grade, meanin....
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