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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
| Table of Content |
|---|
| 1. inter-se-seniority fixation process. (Para 1 , 2 , 3) |
| 2. guidelines for seniority under die-in-harness scheme. (Para 4 , 6 , 7) |
| 3. natural justice in administrative amendments. (Para 8 , 9) |
| 4. government's authority in setting guidelines. (Para 10 , 11) |
| 5. legal rights vs. fundamental rights in seniority. (Para 12 , 14 , 15) |
| 6. court's jurisdiction in administrative decisions. (Para 16 , 17) |
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 a
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.
Inter-se seniority for direct recruits/promotees appointed 27.11.2012-18.11.2019, not finalized by 18.11.2019, determined from recruitment process initiation date per 1986/2014 OMs, overriding later ....
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.
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