AI Overview...
- Seniority Cannot Be Ignored - Main points and insights:
- Ram Manoj Dwivedi was granted the charge of Principal based on his seniority, and the authorities upheld this decision, emphasizing that seniority and the role of the State Government / Higher Education Department cannot be disregarded when assigning higher charges (02700038936).
- Courts and authorities have consistently held that seniority is a crucial factor in temporary higher status appointments, officiating roles, and charge arrangements, and cannot be overlooked unless there are compelling reasons (INDGAU00000081016, 01400019003).
- In cases of officiating or in-charge arrangements, seniority should be maintained unless there are germane reasons, especially when regular appointments are pending or underway (02600004595, 01400019003).
- Asking an officer to discharge higher duties temporarily does not equate to promotion but should still respect seniority principles; the officer's seniority and rights should be preserved (02200026741).
- Disputes over seniority, including retrospective regularization or temporary appointments, must consider the seniority of the individuals involved, and delays in asserting rights should not lead to the denial of seniority benefits (01900018315, 01400010879).
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Even in cases of temporary or in-charge arrangements, the interests of senior officers should be safeguarded, and their seniority should be recognized in decision-making processes (01400019003, 02700038936).
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Analysis and Conclusion:
- The consistent legal and administrative position across the sources underscores that seniority is a fundamental principle that cannot be ignored when assigning higher charges, officiating roles, or temporary appointments.
- Courts have reinforced that unless there are exceptional or germane reasons, seniority must be maintained to ensure fairness, equity, and adherence to established rules.
- The recognition of seniority in such arrangements preserves the rights of senior officers and maintains organizational integrity, preventing arbitrary or unjust decisions.
- Therefore, seniority is a critical factor that must be considered and respected in all higher charge or officiating appointments, and neglecting it can lead to legal disputes and claims of injustice.
References: - 02700038936 - 02600004595 - INDGAU00000081016 - 02200026741 - 01400010879 - 00100003419 - 01900018315 - 01400019003
Search Results for "Seniority Cannot be Ignored for the Higher Charge"
2020 0 Supreme(MP) 883 • India - Madhya Pradesh
SANJAY YADAV, VIJAY KUMAR SHUKLA
Ram Manoj Dwivedi, sought the charge of Principal based on his seniority, which was granted by the authorities. ... Issues: The main issue was whether the respondent could be denied the charge of the Principal based on his seniority and pending ... granting him the charge. ... State Government / Higher Education Department cannot be ignored at this stage. ... no regular appointment has been made, therefore, the seniority of the pet....
2007 0 Supreme(UK) 578 • India - Uttarakhand
B.LAL, K.R.BHATI
They alleged violation of seniority and constitutional rights. ... on officiating basis, and the impugned order was amended to uphold the principle of seniority for the petitioners. ... Seniority - Government Employees - Subordinate Engineering Service Rules 1951, Article 14 & 15 of the Constitution of India, Office ... It is further stated that Division Bench in Writ Petition No. 145/05 (S/B) has dealt with the similar issue and observed that even in cases of officiation on higher posts, seniority #HL_....
• India - Gauhati
It is now well settled that while making In-charge arrangement seniority cannot be ignored and same can be done when there is germane reason to do so. ... Learned counsel for the petitioner submits that while making In-charge arrangement, the seniority cannot be ignored. However, considering the fact that regular appointment to the post of Principal had been already initiated and is likely to conclude soon, this Court directs the authorities to do th....
2017 0 Supreme(Ori) 1451 • India - Orissa
D.DASH
of the officer of the higher post, the same cannot be ignored. ... Asking an officer who substantively holds a lower post merely to discharge the duties of a higher post cannot be treated as a promotion. In such a case, he does not get the salary of the higher post; but gets only that in service parlance is called a "charge allowance". ... Such situations are contemplated where exigencies of public service necessitate such arrangements and even consideration of #HL_ST....
2004 0 Supreme(Gau) 447 • India - Gauhati
BIPLAB KUMAR SHARMA
the respondent to hold the charge of Principal of the School with financial power under FR 49(C). ... The petitioner claimed seniority based on the respective date of entry to the Graduate Cadre. ... Seniority Dispute - Education Department - Assam Secondary Education (Provincialised) Services Rules, 1982, Rule 13; Notification ... In case of any temporary appointment or current duty charge of the post of Principal as in the instant case, rules of prudence, practice and the convention being followed, the senior most teac....
1998 9 Supreme 391 • India - Supreme Court
J.JAGANNADHA RAO, S.SAGHIR AHMAD
Hence the transfer order and concerned circular of 1983 which required that the past service should not count for seniority, cannot ... Such a time-bound promotion does not affect the normal seniority of those higher up. ... There is no doubt, that for the purpose of their regular promotions to higher posts in the P & T department their seniority is to ... But when she is so considered, her past service in the previous Collectorate cannot be ignored ....
2019 0 Supreme(J&K) 140 • India - Jammu and Kashmir
SANJEEV KUMAR
(B) Equity – Delay defeats equity – Person who slumbers over his right for long, cannot ... (A) Jammu and Kashmir Daily Rated/Work Charged Employees (Regularisation) Rules, 1994 – Rules 3, 4, 5 and 8 – Regularisation of daily ... ... (iii) That the affected candidates whose names find mentioned in the Forest Order No. 48 of 2006 dated 28.08.2006 who may be affected in their seniority on account of retrospective regularization of the petitioners shall be heard in the matter before finalizing the seniority of ... pay scal....
2005 0 Supreme(Gau) 327 • India - Gauhati
T.NANDA KUMAR SINGH
principle that the interest of the senior should not be ignored in temporary higher status appointments. ... higher status appointments. ... It highlighted the seniority of the petitioners and the private respondent in the grade of AO/Equivalent and emphasized the legal ... WP©No.32/05 and 83/05 are that, as per the law laid down by the Apex Court, even for conferment of temporary higher status for temporary arrangement and also for appointment on incharge basis, the interest of the senior should not be....
2011 0 Supreme(All) 3096 • India - Allahabad
K.N.PANDEY, SUNIL AMBWANI
proved against the petitioner—Conclusions drawn by enquiry officer on assessment of evidence are entirely perverse—Impugned findings cannot ... happened were twisted, to make out allegations against the petitioner, which were not proved in the enquiry—Plea accepted—None of charges ... be ignored. ... The seniority and other monitory benefits will be restored to him. ... ————— ... Learned counsel for the petitioner submits that the allegations of lodging FIR on the directions of the Regional Office cannot#HL_EN....
1992 0 Supreme(HP) 75 • India - Himachal Pradesh
KAMLESH SHARMA, LOKESHWAR SINGH PANTA
P Higher Judicial Service. ... Higher Judicial Service, Sh S. S. ... SENIORITIY - DETERMINATION - DIRECT RECRUITS AND PROMOTEES - RULE 12 OF THE HIMACHAL PRADESH HIGHER JUDICIAL SERVICE RULES, 1973 ... Their further case was/ is that while applying clause (iii) of proviso to Rule 12, Rule 8 of the Rules of 1973 which has fixed the quota for filling the posts cannot be ignored. As late Sh. S S. ... Higher Judicial Service as a direct recruit with effect from the date o....
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