SAGAR SONTAKKE Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue involved in these petitions is as to whether the employees, who have been selected under the same selection process but were appointed at different times can claim the seniority according to the select list and can claim as appointed on the date, the first appointment was made, irrespective of the delay in making the appointments.

(2.) The issue arises in the backdrop of following factual scenario:

(3.) On 25/11/2016, the respondents cancelled the entire selection process on some complaints. Some candidates filed Writ Petition No. 12117/2016 (Prakash Bhagaji Wani and others Vs. Union of India and others) and connected matters. By the judgment and order dtd. 3/5/2019 the decision dtd. 25/11/2016 of cancellation of the entire process was struck down. Directions were issued to verify involvement of individual petitioners in the matter of alleged suspicious circumstances, irregularities or malpractices, as was discussed in the judgment. Those who were already appointed, were directed to be reinstated and were entitled to have 50% of back wages and those who were still to be appointed were directed to be considered and were subsequently appointed.