Summary
Two candidates selected in the 2003 Civil Judge (Class-II) recruitment in Chhattisgarh were appointed only on 08.07.2013, pursuant to a High Court order of 02.05.2012 which directed that their seniority be reckoned from the date of appointment, and claimed seniority over the batches appointed in 2006, 2008 and 2012. The Court declined to revisit the 2012 order, which had attained finality on dismissal of the State's SLP, but held that the right to appointment accrued on 02.05.2012 and that the State's delay in implementing the order could not prejudice the appellants; they were directed to be shown senior to the officers appointed on 10.07.2012.
Issues
- Whether the appellants could claim seniority on the basis of the 2003 selection over the batches appointed in 2006, 2008 and 2012, despite the High Court's order of 02.05.2012 directing that their seniority be reckoned from the date of appointment.
- Whether the appellants were entitled to seniority over the batch appointed on 10.07.2012, after the High Court's order but before the State appointed them.
Held
- The merits of the High Court's order of 02.05.2012 could not be reopened, as it attained finality when the State's special leave petition was dismissed on 30.11.2012. Since that order directed that seniority be reckoned from the date of appointment, the appellants had no claim to seniority over candidates appointed before 02.05.2012. (¶¶ 8, 9, 10)
- The right to be appointed accrued to the appellants on 02.05.2012. The order was never stayed, the 2012 batch was appointed more than two months later, during which the State could have completed police verification and other formalities, and even after the SLP was dismissed the State took about eight months to appoint them. The State's delay in giving effect to the order cannot be permitted to prejudice the appellants (Pilla Sitaram Patrudu relied on); they are to be shown senior to the judicial officers appointed on 10.07.2012. (¶¶ 11, 12, 13, 14, 15, 16)
Result
Appeal partly allowed; the appellants to be shown in the seniority list as senior to the Judicial Officers appointed on 10.07.2012. No order as to costs.