Section 12 in The Assam District and Sessions Judges Establishment (Ministerial) Services Rules, 1987
12. Seniority.
- (i) In the Lower Division Cadre, the seniority shall be according to the date of appointment, if the persons join the appointments within 15 days of the receipt of the order of appointment:Provided that in case a persons is prevented from joining within the said period of 15 days by circumstances of a public nature or for reasons beyond his control, the appointing authority may extend it for a further period of 15 days. If the period is not so extended, his seniority shall be determined in accordance with the date of joining. Where however more than one person are appointed on the same date their inter-se seniority shall be determined according to their position in the merit list prepared by the District and Sessions Judge as mentioned in Note below Clause (a) of sub-rule (5) of Rule 6:Provided further that the inter-se-seniority among Lower Division Assistants appointed under Clauses (a), (b) and (c) of sub-rule (5) of Rule 6 on the same date shall be according to the following order:(a)Assistants appointed under Clause (a) of sub-rule (5) of Rule 6.(b)Assistants appointed under Clause (b) of sub-rule (5) of Rule 6(c)Assistants appointed under Clause (c) of sub-rule (5) of Rule 6.(ii)In the Upper Division (including Sheristadar of Munsiff) Cadre, the seniority shall be according to the position in the select list from which the promotion to posts of Upper Division Assistant is made.(iii)In the Head Assistant Cadre, the seniority shall be according to the date of promotion to the post of Head Assistant.(iv)In the Sheristadar of District Judge Cadre, the seniority shall be according to the date of appointment.(v)If confirmation of a member of the service in a Cadre is delayed on account of his failure to qualify for such confirmation, he shall lose his position in order of seniority in that Cadre vis-a-vis such of his juniors as may be confirmed earlier than him. His original position in that particular Cadre shall, however, be restored on his confirmation subsequently.
