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Joining on same date? seniority be determined on age : HC
way2barak, July 5: The Gauhati High Court bench comprising Justice Robin Phukan held that in case of two candidates joining service on the same date, seniority must be determined based on age, with the elder candidate being treated as senior. Additionally, appointment to the post of Headmaster must be made on the basis of seniority-cum-efficiency.
The petitioner was appointed as a Science Graduate Teacher in Jhowdanga M.E. School under the Block Elementary Education Officer. He joined the post on 11.02.1994 at 09:45 a.m. The respondent was also appointed on the same date. He joined as a Hindi Teacher in the same school. Later, the petitioner was transferred to different schools in the years 2000, 2003 & 2004 in the interest of public service. After release from CRCC duties, the petitioner rejoined Jhowdanga M.E.M. School on 19.09.2023. On 22.10.2024, the District Elementary Education Officer passed an order allowing respondent to act as the In-Charge Headmaster cum Member Secretary of Jhowdanga M.E. School. He was given full financial powers. The District Elementary Education Officer cited a seniority list that showed respondent’s name above that of the petitioner.
Aggrieved by the same, the petitioner filed the writ petition. While the petition was pending, the petitioner was again transferred to Urar Bhui M.E. School via order dated 11.11.2024. He was made In-Charge Headmaster there. He challenged this transfer order and the court granted an interim stay on 18.11.2024.
It was submitted by the petitioner that both the petitioner and respondent joined service on the same day. The petitioner’s date of birth was 24.01.1968, which made him senior to respondent, whose date of birth was 27.11.1972. As per the joining reports, the petitioner was older and had joined earlier in time. Therefore, petitioner should have been considered senior. It was further submitted that the seniority list relied upon by the respondents was prepared arbitrarily to deprive the petitioner of his rightful claim.
It was also stated that even petitioner was transferred to other schools in the public interest, his seniority would never be lost.
It was observed by the court that both the petitioner and respondent had joined their respective posts on the same date i.e. 11.02.1994. However, the petitioner had joined at 09:45 a.m., whereas the respondent had joined later at 10:00 a.m. It was held that in situations where candidates join service on the same day, seniority must be determined on the basis of age. Therefore, the petitioner being older by 4 years, 10 months, and 3 days, is to be treated as senior.
It was further observed by the court that the seniority list prepared by the previous Headmaster and Block Elementary Education Officer, which placed respondent above the petitioner, ignored both the date of birth and the actual time of joining. Hence, the seniority list was not sustainable in the eyes of law and was liable to be quashed.
It was further held by the court that the transfer order dated 11.11.2024, transferring the petitioner to another school during the pendency of the writ petition, was mala fide.
Therefore, the order dated 22.10.2024 appointing respondent as In-Charge Headmaster was set aside. Further the seniority list was quashed by the court and it was directed to the respondents to allow the petitioner to act as In-Charge Headmaster with all financial powers. Further the transfer order dated 11.11.2024 was also quashed by the court.
With the aforesaid observations, the writ petition was allowed.
