The principle of seniority must be upheld in administrative charge assignments unless justified otherwise.

In pursuance to the order of this Court dated 03.05.2024, instructions have been sought by the respondents counsel and as per the said instructions, respondent No.4 after getting promotion to the post of Forester was holding the charge of nursery. According to him, respondent No.4 was sent on training and she handed over the charge to the petitioner, but after completing the training of 45 days, she came back to her substantive place of posting and the petitioner was therefore, directed to handover the charge to respondent No.4.

2. The grievance of the petitioner which is being raised in this petition is that the petitioner is senior most person and also much senior to respondent No.4 because he was promoted on the post of Forester in the year 2015 whereas respondent No.4 was promoted on the said post in the year 2022 and as such, he is entitled to hold the charge of Nursery and cannot be compelled to work under his junior.

3. Under such circumstances, I am disposing of this petition directing the Chief Conservator of Forest, Seoni, to consider this aspect as to how the charge of the post can be given to a junior ignoring the right of the senior. As per circular issued by the State Government, charge of higher post should be given to the senior most person and as such, the petitioner is entitled to hold the charge of Nursery and cannot be compelled to work under his junior unless there is specific reason for not giving the said charge to the senior most person.

4. The Chief Conservator of Forest, Seoni shall take an appropriate decision in the matter within a period of 15 days from the date of receipt of copy of this order making it clear that he will act upon considering the circular issued by the State Government and assign reasons as to why the petitioner, if is not being given the charge of Nursery, is not entitled to hold the said charge.

5. With the aforesaid, the petition is disposed of.