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| High Court rules seniority not based solely on service book entries | | | Early Times Report
JAMMU, May 18: In a significant ruling, the Jammu & Kashmir and Ladakh High Court has declared that seniority cannot be claimed solely based on entries recorded in the service book.
The judgment was rendered in response to a petition filed by an individual seeking the determination of seniority, proper placement in the final seniority list, and the release of retrospective promotional benefits. The petitioner argued that they were appointed as a Junior Clerk on November 8, 1974, and joined on August 11, 1974 (as per their representation). They sought clarification on the nature of their appointment, requesting regularization from November 8, 1974. The Director General of Civil Aviation (DGCA) considered the petitioner's request and made an entry in their service book on July 9, 1976.
Justice Rajesh Sekhri, after hearing the arguments, stated that ad hoc appointments do not grant seniority benefits during the period of ad hoc employment. The petitioner failed to produce an order of regularization from November 8, 1974. According to the available seniority list, the petitioner was regularized from May 12, 1980. The court emphasized that seniority cannot be claimed based solely on entries in the service book. The petitioner was required to demonstrate both a valid order of regularization and entitlement to seniority during the ad hoc period, which they failed to do. As a result, the petition was dismissed by the High Court.
Justice Rajesh Sekhri expressed displeasure with how the respondents, particularly the DGCA, handled the case. Despite allegations of service record manipulation, a detailed investigation was not initiated to ascertain the truth. The court noted that due to the length of time since the controversy arose in 1976 and the petitioner's passing, it would not be appropriate to pursue an in-depth probe at this stage.
This ruling clarifies the criteria for determining seniority and provides important guidance for future cases involving service book entries. |
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