HARISH MAGANLAL BAIJAL versus STATE OF MAHARASHTRA & ORS.

HARISH MAGANLAL BAIJAL versus STATE OF MAHARASHTRA & ORS.

The petitioner, having not been selected in the original list for the DSP post, but appointed as a replacement not from a waiting list but among successful candidates on the basis of a later representation and not original selection process, is not entitled to claim seniority over those initially selected. Rule 4(2) of the Seniority Rules does not apply to such replacement appointments. Petitioner's seniority is to be reckoned only from the date of his joining as DSP.

Parties
Petitioner: Harish Maganlal Baijal; Respondents: State of Maharashtra & Ors.; Respondent: State of Maharashtra; Respondents: Other Respondents (Nos. 5 to 8)
Jurisdiction
India
Judgment Date
07 May 2010
Procedural Posture
SLP (civil) / Supreme Court Dismissal of Special Leave Petition
Outcome
Special Leave Petition dismissed
Legal Topics
Seniority, Seniority of Direct Recruits, Seniority List Challenge, Replacement Candidates
Service Law Seniority Seniority of Direct Recruits Seniority List Challenge Replacement Candidates

Case Brief

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Parties

Harish Maganlal Baijal

Petitioner

State of Maharashtra & Ors.

Respondents

State of Maharashtra

Respondent

Other Respondents (Nos. 5 to 8)

Respondents

Procedural Posture

SLP (civil) / Supreme Court Dismissal of Special Leave Petition

Legal Issues

  1. 1 Whether petitioner is entitled to seniority above candidates originally selected for DSP post after being appointed as a replacement candidate
  2. 2 Applicability of Rule 4(2) of Maharashtra Civil Services (Regulation of Seniority) Rules, 1982 to the petitioner's situation

Ratio Decidendi

The petitioner, having not been selected in the original list for the DSP post, but appointed as a replacement not from a waiting list but among successful candidates on the basis of a later representation and not original selection process, is not entitled to claim seniority over those initially selected. Rule 4(2) of the Seniority Rules does not apply to such replacement appointments. Petitioner's seniority is to be reckoned only from the date of his joining as DSP.

Court Disposition

Special Leave Petition dismissed

Orders

  • No order as to costs.