Service
Rules relating to seniority from the date of continuous
officiation which was applicable to candidates promoted
under the normal seniority/selection procedure would ... namely, the reserved candidates cannot
claim seniority on the basis of continuous officiation.
However, learned Additional Solicitor General, Sri C.S.
Vaidyanathan for the Indian
Dismissing all these matters, this Court,
HELD: 1. The period of continuous officiation by a
government servant, after his appointment by following the
rules applicable ... they continuously worked for long periods of
nearly 15-20 years on the posts without being reverted. The
period of their continuous officiation was directed
recruited from the Bar shall be determined from the date of
continuous officiation in the service in the case of promoted officers and
from ... service in the case of direct recruits.
Where the date of continuous officiation in the case of an officer promoted
form the Nyayik Sewa
continued in the select list from the year 1961-62 and also continued to officiate on the cadre posts from an anterior period. They were ... purpose of officiation. Therefore, 'fit for trial' list could not be deemed to be select list. The officiation was not continuous officiation
result
of review and assessment. Then, deemed dates of continuous
officiation were given to the officiating deputy collectors
from each division with a view ... higher rank. _On the
basis of the deemed dates of continuous officiation given to
the officiating Deputy Collector in each division a combined
statewide seniority
Provincial Government in India or
Pakistan." The length of continuous officiation in the grade
was thus taken as the yardstick for the purpose ... Engineers promoted as Executive
Engineers must continue to be governed by the principle of
length of continued officiation in the grade of Executive
Engineers
quota rule.
c. Seniority, normally is measured by length of
continuous, officiating service - The actual is
easily accepted as the legal. This does not
preclude ... subsequently appointed direct recruits in
accordance with their length of continuous officiating
service; (b) that so far as the last category is concerned,
the Mamlatdars
sanctioned but indefinitely continued and therefore, in
reckoning their seniority, they must be given the benefit of
the length of continuous officiation, and that once ... indefinitely
continued till today and therefore, in reckoning the
seniority, they must be given the benefit of the length of
continuous officiation. They further contend
officer started officiating continuously in a
senior post from a date earlier than the date on which any
of the officers was recruited ... appellant started
officiating as Superintendent of Police on June 25, 1947.
But, according to the first proviso, if the appellant
started officiating continuously
what is known in service jurisprudence as seniority
according to continuous officiation in the cadre or
the grade which has been statutorily recognised ... continuous officiaton.
(b) In case of LDE SOs, the date of declaration of
result has been taken as the date of continuous
officiation. However, their
