Seniority
pawan
(Querist) 19 August 2012
This query is : Resolved
sir i was selected as je power deptt haryana in 2006 my other collegues als joined in 2004 i was in waiting list and joined late due to court stay and govt change and can u tell how my deptt seniority be fixed and please also mention the supportive cases
Sudhir Kumar, Advocate
(Expert) 20 August 2012
The seniority will be governed by the order of selection in the merit list irrespective of date of joining, as apparent from the facts so far disclosed by you.
You have not disclosed that what was the court case and what was the outcome. The reply may change depending upon the court order.
Guest
(Expert) 20 August 2012
There are several questions, which you may need to answer to give facts about your own service, e.g., mode of selection, stay on account of which type of court case, joined late - when, etc.
Kirti Kar Tripathi
(Expert) 20 August 2012
The seniority will be fixed in order of merit list of the particular selection.
Devajyoti Barman
(Expert) 20 August 2012
Yes, Dhingraji has raised questions which needs to be answered first.
JANAK RAJ VATSA
(Expert) 20 August 2012
you need to give the details of the case prior to seeking a meaningful advice as brought out above
Kirti Kar Tripathi
(Expert) 20 August 2012
This simple position of law, in the present case seniority will be decided in order to merit list. after final decision of the court, the effect of stay order will get its effect lost and interim order will be merged with final order and original seniority in order to merit will restored.
pawan
(Querist) 20 August 2012
sir vide advt no 1/2004 haryana staff selection commision advt post of je and qualification was diploma holder in electrical engg and i was degree holder in electrical commision did not interview and we approche high court court directed to take interview and commision took interview and during that case was continue and mean time i was interviewed along with diploma candidate and after case was pending in court govt declared the result and told that result of degree holder is not out due to court and after that also joined diploma holder candidate and when court finalized case saying cosider all degree holder in the selection process and change the list after mixing all degree holders and also stayed further appointment till results of degree holder is finalized this was during 8/2004 haryana govt dissolved and there was no commision
when new govt came new commision was created and result was declared in which i was shown as waiting 1 in bc catagory court also ordered that if any candidte not join from main list give me appointment this was during 11/2005
i approched office of power deptt but all waste then i filed rti and asked for the post and they told me that 1 post is vacant and i was given appointment in 11/2006 after my efforts
it is also observed that some diploma candidates also not joined in 2004 they were given appointment in 1/2006 they have been given seniority as per merit of selection . when i represented the office about seniority they say that ur name was not included in previous list of 2004(because degree holder result not declared at that time )we received ur result during 2006 so not able to give seniority besides ur in waiting so not give u seniortiy at ur merit . please tell me how to tackle this problem i have also filed the case in high court and my date is 2509 i would request u to give some suitable case so that i can win that
thanks sir
Sudhir Kumar, Advocate
(Expert) 20 August 2012
You are deemed to be part of the same selection procedure and the differce is that you were wrongly excluded from the list and included on the basis of court order. The seniority will be in the order of selection.
Inspite of litigation you are in wait list and joined only when OC candidiate was not available. So your seniority will rank below the main list.
However, if on the basis of material derived in RTI you are able to establish that your merit should have been higher the things may be different.
dev kapoor
(Expert) 22 August 2012
Hi,
Mr. you need not bother much on this issue though it is important on your point of view & career.Your seniority remains protected as per merit list & cannot be disturbed due to 'act of the court' i.e. stay.Even otherwise you may understand the legal position by this illustration:
In a merit list three candidates are selected. They are A,B & C.On being appointed C joins to his place of first poisting on 01.01.2012,B joins on 3rd Jan as his place of posting was away & due to lack of transportation he submits his joining report on 03-01-12.Likewise A submits his joining report on 12th Jan 2012.Date of joining will not disturb SENIORITY AS "A,B & C"made in the selection on the basis of merit.The legal fiction is "Nobody should suffer for the act of the Court." If you feel any difficulty never hesitate in filing a WP in the concerned HC.
