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M.V.MURALIDARAN
Aheibam Romel Singh – Appellant
Versus
State of Manipur through the Principal Secretary/Commissioner (SCERT), Govt. of Manipur – Respondent
JUDGMENT :
This writ petition has been filed by the petitioner seeking to quash the impugned seniority list dated 18.9.2019 in respect of the petitioner and the third respondent and to direct the respondents 1 and 2 to count the seniority of the petitioner with effect from 18.1.2014 for the post of Principal, DIET, SCERT, Manipur i.e. the day of his promotion to the post of Principal, DIET, SCERT, Manipur.
2. The case of the petitioner is that earlier he was serving as Lecturer, District Institute of Education Training (DIET) and on the recommendation of the Departmental Promotion Committee, he was promoted to the post of Principal, DIET on 18.1.2014, whereas the third respondent was promoted to the post of Joint Director, State Council of Educational Research and Training (SCERT) on 28.3.2014. Further case of the petitioner is that new Recruitment Rules for the post of Director, SCERT was notified in the official Gazette on 9.11.2016, wherein the post of Principal, DIET, Joint Director (NFE), Joint Director (SCERT) with at least 6 years of regular service in the grade with the q
Seniority of a person who is appointed to a post in accordance with Rules by enjoying all the benefits of regular service are entitled to seniority from the date of appointment.
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 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.
Seniority in service must be determined from the date of adjustment as per the governing rules, not from prior service in a different cadre.
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.
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
The court affirmed that seniority must be determined based on the recruitment year, not appointment date, ensuring fairness against administrative delays.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
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