SENIORITY LIST OF Haryana IRRIGATION Department UNDER LENS

INTRO:

Also Read- Seniority Case viz Merit List in CAT (Central Administrative Tribunal) Bench

FACTS:

Seniority list of chief engineers working in the irrigation and water resources department Haryana has come under the scanner of Punjab and Haryana high court, which has issued notice to the state government asking as to why stay should not be granted. The Haryana government as well as the three other officers, including Birender Singh, engineer in chief (EIC), department of irrigation and water resources Haryana; Rakesh Chauhan, chief engineer, command area development authority (CADA); and Satbir Singh Kadian, chief engineer, department of irrigation and water resources Haryana, has also been told to submit their replies on issue by July. The matter has reached before the HC in the wake of a petition filed by Gulab Singh Narwal, chief engineer, department of irrigation and water resources Haryana. The petitioner has sought directions for re fixation of seniority list and promotes him as engineer in chief Haryana.

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LAW APPLICABLE:

Seniority of an employee in public service is not to be calculated from the date when vacancy arose, but from the date of actual appointment, the Supreme Court has held. A three-judge Bench led by Justice R. Banumathi reiterated the law in a case of inter-se seniority dispute in the Manipur police service. “A person is disentitled to claim seniority from a date he was not borne in service,” the court said. “A person cannot be said to have been recruited to the service only on the basis of initiation of the process of recruitment, but he is borne in the post only when formal appointment order is issued,” the apex court referred to its earlier precedents.

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MY OPINION/VIEWS:

In unionized companies, employees with more seniority may enjoy more work privileges. Here are examples:

Shift workat more favorable times
Work that is deemed easier or more pleasurable
Working hours at a more convenient time (convenience being relative to the employee)
Assignment to work, when a work reduction, or a reduction in available work hours results in layoffs

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Seniority also has an influence over bumping rights, which is a reassignment of jobs, possibly for many people at a time.

Some traditionalist employers, common in smaller, single-operated business, take a “last in, first out” (LIFO) perspective, meaning those who have been there longest or who have tenure have the right to stay, whereas other employers take a “first in, first out” (FIFO) or “inverse seniority” viewpoint, which tends to emphasize a new or “fresh start” for the company.

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Seniority does have several positive factors to its name. Individuals may be drawn toward a specific field or occupation with the knowledge that seniority is obtainable. If seniority were to be banished as a whole, many higher paid employees would be fired first just because they make more money than their peers. Seniority does an effective job in helping people, interested in staying at one organization, in working towards having a “marathon” career. One of the goals of a seniority system is employee retention, which ensures an organization is retaining institutional knowledge, erudite employees, and an opportunity for mentorship of new hires. It’s important to make sure employees are here to stay.

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Though the principle of seniority does an effective job of protecting long-term employees, in some scenarios, it can fail to address several critical factors. Firstly, spots secured by seniority casts aside some of the most appealing perspectives. Individuals will become less driven to enter a field that does not reinforce their efforts with employment. Secondly, the security of tenure often encourages mediocrity. Employees with the knowledge that their spot in the workplace is secured will naturally become less likely to improve their working ethics as they may no longer view improvement as a necessity. Lastly, a system rewarding individuals for their hiring date does not encourage professional growth. If individuals are aware they only have to reach a certain time-span of employment to have a guaranteed position in a company, they will not grow professionally once they have reached their mark.

During the late 20th century in the United States, the federal government stopped emphasizing seniority as the primary basis for pay raises for its workforce. The Reagan administration replaced a seniority-based system for pay increases for its white collar government workers. The new system included performance appraisal.

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CONCLUSION:

In personnel economics, some researchers take the view that seniority pay is employed by firms as a solution to the problem of shirking. Since firms cannot always monitor the effort of their employees, they need to introduce an incentive for their employees to keep up the work. One way firms can accomplish this is through delayed compensation, in which employees are paid below the value of what they are producing in the first years at a firm, and paid above the value of their production in later years. The continuous rising of the wage based on seniority at the firm ensures that shirking, which can lead to dismissal, becomes much more costly for employees due to the loss of the high wages they can expect when staying at a firm for a long time.

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