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State of Bihar - Section

Section 18 in Bihar Secretariat Service Act, 2007

18. Seniority.

(1)The relative seniority of members of the Service appointed to any grade before the appointed day shall be regulated by their relative seniority as determined before that day;Provided that if the seniority of any such member or members of the service had not been specifically determined before that day, it shall be determined by the cadre controlling authority.
(2)All officers automatically included in a grade shall rank senior to all officers appointed to that grade with effect from any date after the appointed day.
(3)The seniority of persons appointed to any grade after the appointed day shall be regulated in the following manner:-
(i)Assistant grade- (a) The direct recruit shall be ranked inter-se only in the order of merit in which they are placed in the merit list of the Bihar Staff Selection Commission. They shall be ranked junior to the persons appointed through promotion against vacancies in a particular year.
(b)The inter-se seniority of persons appointed by promotion shall be determined according to the date of promotion.
(ii)Section Officer Grade -(a) The officers appointed through limited competitive examination shall be ranked inter-se in the order of merit in which they are placed at the competitive examination on the results of which they are appointed, the appointee of an earlier examination being ranked senior to those of a later examination.
(b)The inter-se-seniority of the officers appointed by promotion after the appointed day shall be regulated by such order in which they are so appointed and shall be determined according to their seniority in the Assistants grade.
(c)The officers appointed through limited competitive examination shall rank senior to the officers appointed by a promotion against vacancies in a particular year.
(iii)Under-Secretary, Deputy-Secretary etc. - The inter-se seniority of officers promoted to this grade after the appointed day shall be regulated by such order under which they are so appointed.
(4)In case of undue delay in the conduct of examination, receipt of recommendation or overlap of such examinations or recommendations, the seniority may be determined by the cadre controlling authority.