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H. S. THANGKHIEW
Arun Kumar Tiwari – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. seniority determination based on cadre hierarchy. (Para 1 , 2) |
| 2. claim for seniority despite administrative rejections. (Para 3 , 4) |
| 3. entitlement to seniority must adhere to the established rules. (Para 6 , 8 , 9 , 11) |
| 4. importance of stability in seniority lists over time. (Para 7 , 12) |
| 5. dismissal of writ petition based on established seniority and rules. (Para 10 , 13) |
JUDGMENT :
H.S. THANGKHIEW, J.
1. The issue in the present writ petition concerns the inter se seniority of the petitioner vis-a-vis the respondents No. 7 and 8, in the cadre of Warrant Officer (Personal Assistant) following their re-mustering in the said cadre w.e.f. 19.02.2008. While the two private respondents were re-mustered from the cadre of Havildar/Clerk, the petitioner was re-mustered from the cadre of Rifleman/Operator Radio and Line (ORL), which was a cadre lower in hierarchy than that of the Havildar cadre. As such, at that point of time, the two private respondents were assigned higher seniority than the petitioner in the cadre of Warrant Officer (PA), which was as per Paragraph –
The court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
Delayed claims in service matters can unsettle settled positions, making them unmaintainable without necessary parties involved.
Claims regarding seniority must be raised promptly; failure to do so can lead to dismissal based on delay and laches.
Determination of seniority must comply with Supreme Court rulings, emphasizing the significance of actual appointment dates over vacancy years, as retrospective seniority is not permissible.
Retrospective promotion cannot be granted to an employee from a date when the employee was not borne in the cadre. Sub-rule (3) of Rule 8 of the 2002 Rules was found inapplicable to determine the int....
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