Case Note & Summary
The petitioner, Tulshidas Baliram Bastewad, an Associate Professor at Mahatma Phule Krishi Vidyapeeth, Rahuri, challenged the final seniority list of Associate Professors in Farm Power & Machinery as on 01.01.2013, published on 26.08.2013. The petitioner contended that he was appointed on 18.12.2006, while the respondent No.2, Sachin Madhukar Nalawade, was appointed on 22.12.2006. Despite this, the respondent No.2 was placed at serial No.15 and the petitioner at serial No.16 in the seniority list. The petitioner sought reassignment of higher placement and consequential benefits. The court, after hearing the parties, noted that the petitioner had continuously served from his appointment date, and the respondent No.2 had joined later. Applying the principle that seniority is determined by continuous length of service, the court allowed the petition, directing the respondent No.1 to correct the seniority list by placing the petitioner above the respondent No.2 and granting consequential benefits.
Headnote
A) Service Law - Seniority - Continuous Length of Service - The principle that seniority is determined by the length of continuous service, not by the date of confirmation, was applied. The court held that the petitioner, having been appointed earlier and having continuously served, should be placed above the respondent No.2 in the seniority list. (Paras 5-7) B) Service Law - Seniority List - Reassignment of Placement - The court directed the respondent No.1 to reassign higher placement to the petitioner at serial No.15 and place the respondent No.2 at serial No.16, with consequential benefits. (Para 7)
Issue of Consideration
Whether the respondent No.2 was correctly placed above the petitioner in the seniority list of Associate Professors, and whether the petitioner is entitled to higher placement based on his continuous service from an earlier date.
Final Decision
The petition is allowed. The respondent No.1 is directed to reassign higher placement to the petitioner at serial No.15 and place respondent No.2 at serial No.16 in the final seniority list of Associate Professors in Farm Power & Machinery as on 01.01.2013, and grant consequential benefits.
Law Points
- Seniority determined by continuous length of service
- not by date of confirmation
- principle of continuous officiation
- seniority list must reflect actual service period.
