Absorbed employees’ seniority is reckoned from the date the college is taken over.

The petitioner had served as an Assistant Professor at the erstwhile Arts & Commerce Girls College, Devendra Nagar, Raipur, since 16 October 1990. After the State took over the College with effect from 21 December 2012, she continued in service without a break and was accommodated at Government D.B. Girls’ P.G. College, Raipur.

Her name was not included in the seniority list issued on 13 November 2024. She contended that, under Rule 14(v) of the Chhattisgarh Educational Service (Collegiate Branch) Recruitment Rules, 1990, as amended, her seniority should be reckoned from the takeover date. She sought, among other reliefs, correction of her seniority and consideration for promotion.

The State submitted that a fresh representation could be considered in accordance with law.

Whether the petitioner’s seniority as an absorbed employee should be determined from the date the College was taken over by the State, 21 December 2012

Whether the respondents should be directed to consider the petitioner’s representation concerning her seniority and pass a reasoned order

Rule 14(v) of the Chhattisgarh Educational Service (Collegiate Branch) Recruitment Rules, 1990, as amended by Gazette Notification dated 13 June 2013, provides that the seniority of an absorbed employee is to be determined from the date on which the College was taken over by the Government.

The Government Order dated 24 September 2013 recorded that the College was taken over with effect from 21 December 2012.

No judicial precedent was relied upon.

The Court recorded that the petitioner’s continuous service, the College’s takeover date, and the applicable seniority rule were undisputed.

However, rather than directly revising the seniority list or granting promotion-related relief, the Court accepted the State’s submission that the matter could be considered on a fresh representation. It therefore directed the petitioner to make a representation citing the relevant rules and required the authorities to decide it by a reasoned and speaking order.

The Court did not itself determine the petitioner’s seniority, order her inclusion in the seniority list, or grant promotion or consequential benefits.