SURAJ PRAKASH DAVE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN these petitions petitioners are seeking directions to respondents for assigning correct seniority position above respondent Nos. 4 to 8 by counting their seniority from the date of their initial appointment i. e. 8. 2. 1980 and 5. 2. 1980, respectively with all consequential benefits by quashing notice Annex. 5 and circular dated 16. 4. 1985. Further it is prayed that promotion order qua respondents Nos. 4 & 5 and petitioners may be promoted to the post of Manager, Grade-D from 23. 3. 2005 with all consequential benefits.

(2.) SINCE controversy involved in these two cases is similar so also the prayer made in both the cases is also same, therefore, facts of writ petition No. 2448/2005 are taken into consideration for adjudicating these matters.

(3.) LEARNED counsel for the petitioner vehemently argued that petitioner's seniority was finalised by the bank itself while reckoning his seniority from his initial date of appointment in the Project but subsequently after about 15 years it is changed and petitioner has been given benefit of seniority w. e. f. 1. 4. 1993, the date on which order was passed by the State Government for absorbing the petitioner in the bank. According to the petitioner, he was rightly placed in the seniority list dated 22. 8. 1994 and subsequently in the seniority list date 1. 1. 2004, therefore, correction in seniority list dated 21. 3. 2005 is illegal and in contravention of settled principle of law and respondents are under obligation to reckon the seniority of petitioner w. e. f his initial entry into the service which is dated 4. 2. 1980. According to petitioner seniority once fixed cannot be changed by subsequent order, therefore, action of respondents is illegal and petitioner is entitled for seniority w. e. f. his initial date of appointment i. e. 4. 2. 1980.