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State of Haryana - Section

Section 12 in The Haryana Service of Engineers, Class I, Public Works Department (Building and Roads Branch), (Public Health Branch) and (Irrigation Branch) respectively Act, 1995

12. Seniority.

(1)In the case of Assistant Executive Engineers the order of merit determined by the Commission shall not be disturbed in fixing the inter se seniority amongst them.
(2)Inter se seniority of the members of the Service appointed as Executive Engineers in the Buildings and Roads Branch, Public Health Branch and Irrigation Branch shall be determined by the length of continuous service on the post of Executive Engineer :Provided that seniority shall be determined separately for Buildings and Roads Branch, Public Health Branch and Irrigation Branch :Provided further that in case of Executive Engineers directly appointed or promoted from Assistant Executive Engineers or promoted from Class II Service or appointed by transfer on the same day, their inter se seniority shall be in the following order :-
(i)Executive Engineer directly appointed shall be senior to all;
(ii)Executive Engineer promoted from Assistant Executive Engineer shall be senior to the Executive Engineer promoted from Class II Service or appointed by transfer;
(iii)Executive Engineer promoted from Class II Service shall be senior to the Executive Engineer appointed by transfer.
(3)In the case of the Executive Engineers appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member, who was drawing a higher rate of pay in his previous appointment, and if the rates of pay drawn are also the same, then by the length of their service in the appointment; and if the length of such service is also the same, the older member shall be senior to the younger member.
(4)Where a member of the Service, for a cause which Government considers to be sufficient, is unable to join the Service or continues with Government's approval on deputation outside the Service, it shall be open to Government to allow him credit for such service as if it was service rendered under this Act for purposes of the fixation of his seniority.Explanation. - All employment on deputation after a member has joined the Service and has had his seniority fixed under this Act, shall count as if it was employment in the Service and shall not in any way affect the seniority already fixed, except to the extent that such seniority would in any case have been affected had the member of the Service continued to work in the department.