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VIPIN SANGHI, R.C.KHULBE
State of Uttarakhand – Appellant
Versus
Suresh Chandra – Respondent
JUDGMENT :
Vipin Sanghi, J.
The State of Uttarakhand has preferred the present writ petition to assail the judgment dated 11.12.2018, rendered by the Uttarakhand Public Services Tribunal, Bench at Nainital, in Claim Petition No.15/NB/DB/2013, preferred by the respondent-claimant Suresh Chandra.
2. The Tribunal has allowed the said claim petition. The respondent No.2 in the claim petition, i.e. the Chairman, Board of Revenue, Uttarakhand, Dehradun was directed to redetermine the seniority of Registrar Kanoongo, taking into consideration the Uttar Pradesh Avar Rajswa Lipik (Registrar Kanoongo Aur Sahayak Registrar Kanoongo) Sewa Niyamawali, 1958, and Rule 7 of the Uttarakhand Government Servants Seniority Rules, 2002 within a period of three months from the date of presentation of the certified copy of the impugned judgment.
3. The private respondent-claimant Suresh Chandra joined as Patwari on 27.03.1984. The next promotional post for which he offered his candidature was Assistant Kanoongo. The promotional exercise in District Udham Singh Nagar, where the respondent-claimant was posted, was undertaken in the year 2002. However, the respondent-claimant’s claim for promotion was rejected
The main legal point established in the judgment is that the seniority of a government servant can be determined based on the rules in force at the time of promotion, and any conditions imposed in th....
Inter se seniority of promotees from multiple feeding cadres in one selection is determined by substantive appointment dates in their feeding cadres, not promotion order dates, per Rule 7.
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.
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