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Administrative Decision On Promotions Can't Be Questioned In Absence Of Challenge To Final Seniority List: Patna High Court
LIVELAW NEWS NETWORK
1 Sept 2022 11:43 AM IST
The Patna High Court has made it clear that in order to challenge the proposed promotions, the person so aggrieved must first challenge the final seniority list. Otherwise, no fault can be found with the promotions which are based on such seniority list.The observation came from a division bench of Justices P. B. Bajanthri & Rajiv Roy: "As long as ranking assigned in the final...
The Patna High Court has made it clear that in order to challenge the proposed promotions, the person so aggrieved must first challenge the final seniority list. Otherwise, no fault can be found with the promotions which are based on such seniority list.
The observation came from a division bench of Justices P. B. Bajanthri & Rajiv Roy:
"As long as ranking assigned in the final seniority list of the feeder cadre is not challenged by the appellant, he is not entitled to challenge administrative decision relating to proposed promotion list. Such a proposed promotional list is based on the final gradation list or existing gradation list of Graduate Teachers..."
The court was hearing an appeal preferred by a trained teacher in the Primary Education Department of State government, seeking to be placed over and above the 9th respondent in the proposed promotion list. It was his claim that the private respondent is not a trained teacher and having regard to various documents relating to extending of pay scale and other things, the appellant should have been placed above him.
At the outset, the Court noted that the case was bad for non-joinder of necessary parties; the appellant had not arrayed those persons whose rights were likely to be affected in the event the writ appeal was allowed.
It further held that the proposed promotion list is only an administrative order, based on the final seniority list of the feeder cadre namely Graduate Teachers. However, this seniority list was never called in question.
Thus, the Court dismissed the appeal.
Case Title : Ramayan Prasad v The State Of Bihar & Ors.
Citation :2022 LiveLaw (Pat) 26
