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HIGH COURT OF TRIPURA
MR. JUSTICE ARINDAM LODH, J
Sri Animesh Das IFS – Appellant
Versus
The State of Tripura and 3 others – Respondent
JUDGMENT :
ARINDAM LODH, J.
By way of filing the instant writ petition, the petitioner has challenged the seniority position of the respondent no.4 (private respondent).
2. The case of the petitioner is that he entered into service as Grade-II officer under the Tripura Forest Service in accordance with Tripura Forest Service Rules , 1988 (for short, the Rules of 1988). Thereafter, he along with the private respondent and others were sent to training in State Forest Service Course [Diploma course in Forest]. After completion of probation/training period, his service was confirmed as TFS Grade-II officer under the State-respondents. While he was continuing in service, the State- respondents had published tentative seniority list. Thereafter, on the basis of tentative seniority list, after consideration of objections and representations, the final seniority list was published in the year 25.11.2005. Following the seniority list was published in the year 2005, the petitioner was promoted to the post TFS Grade-I on 10.01.2013. On the basis of the seniority list prepared in the year 2005, the State-respondents published another final seniority list in the year 2013 and later on, in the year
Claims regarding seniority must be raised promptly; failure to do so can lead to dismissal based on delay and laches.
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....
Seniority in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
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 once settled cannot be unsettled after a long delay, and an order given in ignorance of the terms of a Statute or a rule having the force of Statute is per incuriam.
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