Absorbed employees’ seniority runs from the date the Government took over the college.

The petitioners, Assistant Professors at Sant Gobindram Shadani Government Arts and Commerce Girls College, Raipur, were amalgamated or absorbed into Government service on 5 October 2018 without a break in service.

The College had been taken over by the State Government with effect from 21 December 2012.

The petitioners claimed that, under Rule 14(v) of the Chhattisgarh Educational Service (Collegiate Branch) Recruitment Rules, 1990, their seniority should run from the takeover date rather than the date of absorption.

They sought correction of their seniority and consideration for promotion, and stated that their representations remained undecided.

1. Whether the petitioners’ seniority as absorbed employees should be determined from the date the College was taken over by the Government, rather than from their later absorption into Government service.

2. Whether the respondents should be directed to consider the petitioners’ representations and decide their seniority claim by 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 Court recorded that the College’s takeover took effect on 21 December 2012 under the Government Order dated 24 September 2013.

The Court noted that the petitioners’ uninterrupted service, their absorption in 2018, the College’s takeover in 2012, and the applicability of Rule 14(v) were undisputed.

However, rather than itself determining the petitioners’ seniority or granting consequential promotion-related relief, the Court directed them to submit a representation citing the relevant rules and required the competent authorities to decide it in accordance with the 1990 Rules.

The respondents were directed to consider the representation under the 1990 Rules and pass a reasoned and speaking order within 40 days of its receipt.

The Court did not itself finally determine the petitioners’ seniority or order promotion or consequential benefits.