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State of Assam - Section

Section 17 in Assam Judicial Service Rules, 2003

17. Seniority.

- [(1) The seniority inter se of the members of the service, appointed on the basis of result of Competitive Examination/Limited Departmental Examination shall be determined according to the Merit List prepared by the Concerned Authority.] [Substituted by Notification No. JDJ/11016/78/2017-ESTT-JUDI-Judicial/15, dated 12.6.2019 (w.e.f. 17.2.2003).]
(2)The seniority inter-se of the members of the service, appointed on the basis of result of Competitive Examination/Limited Departmental Examination shall be determined according to the Merit List prepared by the Concerned Authority.
(3)Where officers are recruited to a Cadre by promotion or by direct recruitment on the same date, the officers recruited by promotion shall take precedence over the direct recruit officer(s).
(4)Where two officers are placed at the same position of the Merit List, the person senior in age shall be senior to the other.
(5)The inter-se seniority of persons appointed in Grade-1 by way of promotion/direct recruitment, shall be determined according to the dates in which they report for duty, subject to merit list.
(6)Where more than one Officer is promoted to a cadre by the same order, the inter-se Seniority of persons so promoted shall be determined by their inter-se Seniority in the lower 'Cadre' unless directed otherwise.
(7)A 40 (Forty) point roster is to be maintained for appointment/promotion to the post of Grade-1 in service. The posts at Serial Nos. 1 and 2 will go to the promotees under 50% quota. The post at Serial No. 3 shall go to the promotee under the limited departmental Competitive Examination and the post at Serial No.4 shall be available to Direct recruit. This process shall be repeated till all the posts in the cadre are filled up in the roster in the manner stated.Provided that the above roster will not affect the existing members of the Service and this be implemented prospectively.
(8)The High Court shall prepare and publish a Seniority list of Officers in all Cadres from time to time and the list so published shall be used for the purpose of consideration for promotion to the next higher cadre.