LAXMI NARAYANA ALISHETTY
T. Nagaraju – Appellant
Versus
State of Telangana – Respondent
ORDER :
Laxmi Narayana Alishetty, J.
1. The present writ petition has been filed seeking the following relief:
2. The brief facts leading to filing of the writ petition are as under:
B.S. Bajwa and another v. State of Punjab and others (1998) 2 SCC 523
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 promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
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.
Settled seniority cannot be disturbed after a significant delay without timely objections to established seniority listings.
Point of Law : 10. Court should not embark upon on and enquiry into the merits of the case and that writ petition should be dismissed on the ground of laches alone.
The judgment emphasizes the importance of seniority as a civil right and highlights the need to rectify mistakes committed by the official respondents in matters of seniority.
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.
Employment and Service matter - Re-assessment of seniority - As per Rule 3(1)(b), seniority of teachers in a grade has to be determined on basis of their substantive appointment in that grade, meanin....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.