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IRSHAD ALI
Ali Safdar Anhsari – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. background of writ petitions and seniority disputes (Para 1 , 2 , 3) |
| 2. rule 5 defines seniority based on merit (Para 4 , 8 , 31 , 32) |
| 3. petitioners argue against new seniority list (Para 5 , 10 , 11 , 12) |
| 4. court analysis of seniority rules and legal precedents (Para 22 , 29 , 30) |
| 5. arguments presented by both sides regarding the validity of appointments. (Para 24) |
| 6. court's observations on the law applicable to seniority based on selection. (Para 60) |
| 7. court's reasoning on statutory rights and regulations governing seniority. (Para 63) |
| 8. final judgment upheld seniority list of aro accounts (Para 64 , 65 , 66) |
JUDGMENT :
Irshad Ali, J.
Heard Shri Anupam Mehrotra, learned counsel for the petitioners, Shri Upendra Nath Misra, learned Senior Advocate assisted by Sri Neel Kamal Mishra, learned counsel for the respondent-State, Shri R.K. Upadhyaya, learned counsel for respondent No. 3, Shri Shujauddin Waris, learned counsel for respondent Nos. 4 and 10 and Shri Surya Mani Singh, learned counsel for respondent Nos. 8 and 11.
2. This bunch of writ petitions is being decided by means of a common judgment and order treating Writ-A No. 2986 of 2010 to be leading writ petition
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.
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.
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.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
Seniority in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
(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 ....
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....
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.
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