![[U.P Govt Servant Seniority Rules] No Provision For Finding Authority To Redetermine Seniority After Final List Has Been Prepared: Allahabad High Court](/static/images/error.jpg)
[U.P Govt Servant Seniority Rules] No Provision For Finding Authority To Redetermine Seniority After Final List Has Been Prepared: Allahabad High Court
Live LawThe Allahabad High Court has recently held that under the U.P Government Servant Seniority Rules, 1991 once a seniority list is published, the authority publishing the same becomes functus officio and cannot reagitate the seniority list again and again. Justice Alok Mathur held “On perusal of the U.P Government Servant Seniority Rules, 1991, we find that there is no provision for review of the final seniority list which has been once prepared after following the procedure prescribed under rule 5, meaning thereby that once a final seniority list has been issued after deciding the objections filed by the concerned parties against the tentative seniority list, finding authority becomes functious officio and does not retain any power to repeatedly exercise the same power to redetermine the seniority between the same group of persons again and again.” It also held that granting seniority from back date cannot always be said to be illegal or arbitrary. Perusing Rule 9 of the U.P Government Servant to Seniority Rules, 1991, the Court held that process of publishing the seniority list is an administrative decision as it includes due application of mind after considering relevant rules and objections filed by the interested parties, and places an obligation to pass a reasoned order. It was held that the Seniority Rules 1991 do not provide for review of seniority list once its finalised thereby making the authority making the list functus officio once the final seniority list is published. “There may be occasions to redraw the seniority list, to include or exclude certain groups or persons from the seniority list, as per judicial determination, or some other fortuitous circumstance making the said exercise necessary, but with regard to the objections once decided while preparing the seniority list, cannot be reopened subsequently.” The Court noted that the direct recruits of 2013 batch had earlier filed writ petitions against placement of petitioners above them in the seniority list.
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