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State of Uttar Pradesh - Section

Section 26 in The U.P. Co-operative Societies Employees Service Regulations, 1975

26. [ Seniority. [Substituted by Note No. 432/XII-6-2-85-77, dated 17th May, 1983.]

- Seniority in any grade or category of posts in a service under a Co-operative Society shall be determined by the date of order of substantive appointment of the employees in that grade or category, and where two or more persons are appointed on same date by the order in which their names appear in the order of appointment:Provided that-(a)the inter se Seniority of persons appointed directly to any grade or category of posts shall be the same as has been determined by the Board at the time of selection;(b)the inter se Seniority of persons appointed by promotion to any grade or category of posts shall be determined by their seniority in the post held by them substantively prior to their promotion;(c)where appointment to any grade or category of posts is made partly by direct recruitment and partly by promotion from a lower grade or post, the inter se Seniority of persons appointed from the two sources shall be determined by taking candidates alternately from the seniority lists drawn up under the foregoing provisions, the names of the employees on the list drawn under proviso (b) getting precedence over the names of employees included in the seniority list drawn under proviso (a).Note. - (1) Where two or more persons have been appointed on the same date and the order of appointment specifies a date from which an employee has been retrospectively appointed substantively, the date from which the appointment has been made retrospectively, will be deemed to be the date of order of substantive appointment of the employee concerned.
(2)If a case does not fall clearly under any of the provisions of the foregoing sub-clauses or the provisions thereto and consequently there is any doubt or dispute about determination of seniority of an employee or a category of employees vis-a-vis another employee or any other category of employees, the matter shall be referred to the Board, whose decision on the issue shall be final.
(3)The inter se seniority of an employee as already determined in a co-operative society prior to the commencement of the Uttar Pradesh Co-operative Societies Employees' Service Regulations, 1975, shall, however, not be affected by the provisions of these clauses].