Section 9 in Maharashtra Housing and Area Development Authority (Absorption, Seniority Pay and Allowances) Rules, 1980
9. Seniority.
(1)Subject to the provisions of these rules, seniority of an absorbed employee in the posts or cadre of absorption as on the appointed day shall be determined by the length of continuous service whether officiating or permanent, rendered by him immediately before that date in a corresponding post or posts on the same time-scale in the existing Board excluding the periods of fortuitous appointments which are in the nature of stop-gap arrangements.(2)For the purpose of sub-rule (1) continuous service shall, notwithstanding the date on which it actually commenced, be deemed to have commenced, -(a)in the case of an absorbed employee other than the one covered by clause (b), who in the existing Board was assigned seniority otherwise than on the basis of length of continuous service, from the date on which his continuous service would have commenced, had he been appointed to the corresponding post in the order of seniority as on 4th December, 1977 of the employees of the existing Board, absorbed in the same cadre from the same Board;(b)in the case of an absorbed employee appointed by direct recruitment to the corresponding post and given a higher seniority for special considerations such as higher qualifications, age, experience, income and like factors before appointment to the service in the existing Boards, from the date preceding the date on which the service of the absorbed employee next below him in the same cadre according to the seniority inter se in the former Board on 4th December, 1977 commenced.(3)Notwithstanding anything contained in this rule, the Government may. where it appear necessary either suo motu or on representation or on recommendation of the Authority for the removal of the anomalies or for securing just and equitable treatment to the absorbed employees, direct that the seniority of an absorbed employee or class of absorbed employees shall be fixed in such manner as it may by general or special order prescribe.(4)Where the length of service in the corresponding post in the existing Board is equal, an absorbed employee senior in age shall be deemed to be senior.(5)Notwithstanding anything contained in the foregoing rules, seniority, inter se of absorbed employees of the existing Board, who before appointed date, belonged to the same Board, as it existed before that date, shall not be disturbed except by general or special orders of the Government.
