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State of Bihar - Section

Section 39 in The Bihar Finance Service Rules, 1953

39. [ Seniority. [Rule 39 Substituted vide G.S.R. 135 dated 30.12.1971.]

- Notwithstanding anything to the contrary contained in any law or contract or any judgment, decree or order of any Court, Tribunal or authority, the seniority of the officers appointed to either branch of the Service shall be determined with reference to the year of vacancies declared under Rule 6, against which they are appointed on probation. If more than one officer is so appointed against vacancies of a particular year-
(i)to [Service] by direct recruitment, their seniority inter se shall be fixed according to the order of merit assigned by the Public Service Commission;
(ii)to [Service] [Substituted by S.O. 1201, dated 17.8.1981, for the words, 'either branch of Service'.] by promotion and by direct recruitment, the officer promoted shall take precedence over the the officer recruited direct;
(iii)[x x x x] [Omitted by S.O. 1201, dated 17.8.1981.]
(iv)to the [Service] [Substituted by S.O. 1201, dated 17.8.1981, for the words, 'either branch of Service'.] by promotion from different gazetted services and non-gazetted ranks, their seniority inter se shall be determined by the order of preference assigned to them by the Public Service Commission, except that when more than one officer is promoted from the same service or cadre, their seniority shall be determined by the order of their position inter se in the service or cadre from which they were promoted:
Provided that in the case where officers are promoted both from gazetted and non-gazetted posts, officers promoted from gazetted posts shall rank senior to those promoted from non-gazetted posts.]