Service Law. Direct recruitment. Seniority list is based on merit rank and not the date of joining. Case law discussed. Karnataka High Court.

Dr. Sunilkumar Biradar vs The State of Karnataka and others. Writ Appeal 100040/2016 decided on 7 December 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/353107/1/WA100040-16-07-12-2020.pdf

Cases referred – W.A.No.245/2006 (S-PRO), disposed of on 31^st July 2006, P. Srinivas Vs. M. Radhakrishna Murthy and others reported in (2004) 2 SCC 459, Suresh Chandra Jha vs. State of Bihar and others reported in (2007) 1 SCC 405, Chairman, Puri Gramya Bank v. Ananda Chandra Das in 1994 (6) SCC 301, Dharmendra Prasad and Others Vs. Sunil Kumar and Others reported in (2020) 2 SCC 146.

Relevant paragraph: 16. The above decisions clearly establish  that what  is important and the touchstone to  determine the seniority is the selection list, which is based on merit and not the date of joining. …Thus, the fact of issuance of appointment letter to respondent No.3 subsequent to issuance of the same to the appellant and respondent No.3 joining later than the appellant into service of respondent No.2– KIMS, does not alter his seniority over the appellant as the touch stone should be  the  “Merit List” and not the  fortuitous  circumstances, which in out opinion is the result of a motivated action and not bona fide. Under the given facts and circumstances of the case, both the appellant and respondent No.3 have been selected in the same list and respondent No.3 is more meritorious than the  appellant and  thus, he needs to be placed above the appellant.

Compiled by S. Basavaraj, Daksha Legal.