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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VINOD S. BHARDWAJ
Vikash Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Vinod S. Bhardwaj, J. (Oral)
1. Challenge in the present writ petition is to the order dated 02.06.2020 (Annexure P-18) whereby the respondent No.2-Registrar, Cooperative Societies Department, Haryana, has modified the condition of absorption/appointment of the petitioner as well as respondent No.4-Charwinder Singh Saini dated 31.07.2013, after a period of nearly 07 years and directed that the seniority of the petitioner and respondent No.4 be determined in accordance with their seniority in the field cadre instead of date of joining in Head Office. A further prayer has been made to re-fix the seniority of the petitioner above respondent No.4.
2. Learned counsel appearing for the petitioner contends that the Haryana Staff Selection Commission had advertised post of Clerk for the Field Cadre in the office of respondent No.2-Registrar, Cooperative Societies Department, Haryana. The petitioner being eligible applied for the same and on being successful, was appointed to the post of Clerk in Field Cadre on 17.02.2012. Thereafter, the respondents issued an offer letter regarding absorption of Clerk(s) from field cadre to Head office cadre, with a condition that the applicant wi
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.
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
It would be unjust to deprive the respondents of the rights which have accrued to them. Each person to be entitled to sit back and consider that his appointment and promotion effected a long time ago....
Settled seniority cannot be disturbed after a significant delay without timely objections to established seniority listings.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
Employees transferred at their own request must forfeit previous seniority and accept the lowest rank in the new department, as stipulated by service regulations.
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....
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