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AHANTHEM BIMOL SINGH
Ningombam Dineshor Singh, S/o. (L. ) Nongthombam Ibobi Singh – Appellant
Versus
State of Manipur, represented by its Chief Secretary, Government of Manipur – Respondent
JUDGMENT :
(Ahanthem Bimol Singh, J.) :
[1] Heard Mr. S. Biswajit, learned counsel appearing for the petitioners, Mr. Lenin Hijam, learned Advocate General assisted by Ms. Caroline, learned counsel appearing for the respondents No. 1, 2 and 3 and Mr. A. Mohendro, learned counsel appearing for some of the private respondents.
The issue involved in the present writ petition is about fixation of Inter-se-Seniority between employees appointed under the Die-in-Harness Scheme and direct recruit/ promotees.
[2] The petitioners, 12 (twelve) in number, were all appointed as Office Assistants (LDA) in the General Administration Department under the Die-in-Harness Scheme during the period between 18-02-2016 to 21-11-2016 and they have been serving as regular Government employees for the last about six years. On the other hand, all the private respondents were appointed as Office Assistants (LDA) as direct recruit candidates on 01-12-2016. Accordingly, the petitioners were appointed earlier than the private respondents.
By an order dated 19-09-2019 issued by the Under Secretary (GAD), Government of Manipur, the posts of Office Assistant and Senior Office Assistant were re-designated as Secretar
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.
The court affirmed that seniority must be determined based on the recruitment year, not appointment date, ensuring fairness against administrative delays.
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 for government employees must be determined from the date of appointment, not the initiation of recruitment, as upheld in relevant Supreme Court decisions.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
Seniority cannot be granted to employees not borne in the cadre; it must reflect the actual date of joining. A fresh seniority list should be prepared following Supreme Court rulings.
The main legal point established in the judgment is that the seniority of the petitioners should be counted from the date of their regularization as Assistant Engineers. The court also emphasized the....
Once a decision is taken to which there is no challenge but if aforesaid decision is implemented by an Authority or in a manner against provisions of law or in excess of Authority or jurisdiction ves....
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