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SANJAY KUMAR, LANUSUNGKUM JAMIR
Md. Iqbal Hussain – Appellant
Versus
High Court of Manipur – Respondent
JUDGMENT
Sanjay Kumar; CJ. - This case pertains to seniority in the rank of Junior Administrative Assistant, now known as Judicial Assistant, in the service of the High Court of Manipur.
1. The petitioner and respondents No. 2, 3, 4, 5 & 6 belong to this rank, having been appointed as such in the years 2015, 2016 and 2017. The tentative seniority list of Junior Administrative Assistants was published by the High Court of Manipur vide Notification dated 05.09.2020. The petitioner figured therein at Sl. No. 8 while respondents No. 2, 3, 4, 5 & 6 stood at Sl. Nos. 10, 11, 12, 13 & 14 respectively.
Later, by order dated 17.12.2020, the High Court of Manipur brought out the final seniority list of Junior Administrative Assistants, after considering the objections/complaints received in relation to the tentative seniority list dated 05.09.2020. In this final seniority list, the petitioner was shown at Sl. No. 13 while respondents No. 2, 3, 4, 5 & 6 were shown above him at Sl. Nos. 8, 9, 10, 11 & 12 respectively. Aggrieved by the alteration of his seniority, the petitioner filed the present writ petition. His prayer is to direct the High Court of Manipur to prepare the seniority list for Jun
The principle of natural justice mandates giving an opportunity of hearing before passing an adverse order. Violation of this principle can lead to the setting aside of the order.
The tribunal erred in determining seniority by not considering the promotion dates of the petitioner and respondent, leading to an incorrect placement in the seniority list.
The main legal point established is that seniority is determined based on the date of appointment, and retrospective promotion is essential for the grant of retrospective seniority.
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 promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
The court ruled that seniority once settled should not be disturbed, and delay in seeking relief can result in denial of such relief.
General category candidates senior in feeder cadre regain inter se seniority over earlier promoted reserved category roster-point promotees in higher cadre via catch-up rule, absent rules for consequ....
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
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