representations have been received against the seniority list in question for re-determination of the seniority in view of the judgment of the Apex Court ... Counsel that the exercise for re-determination of seniority has been initiated in view of the advice given by the Law Department on 31.1.2018 taking
Rajeev Mohan vs C.A.T. Allahabad And Others on 13 April, 2012
Bench: Ashok
above principles eliminate any possibility of any of these candidates getting seniority over those with whom they could have appeared at the competitive examination ... advice was tendered by Ministers to the Governor shall not be enquired into in any Court. This Court, therefore, cannot go into the advice tendered
employee ought to have been considered for the purpose of seniority, does not apply to the instant case and is totally distinguishable. There certain appointments ... Government overruled the advice of the Commission and approved the decision of the K.S.E.B. with the direction that seniority of the aforesaid
that the railway committed error in not placing
him in the seniority list at an appropriate place.
Shri Anil Srivastava submits that the promotional channel ... Class-IV quota and to advice the
actual date of appointment/ regularisation for incorporating their
names in the seniority list. The letter is quoted
Higher Judicial Service, the Governor on the basis of advice/recommendation of Hon'ble High Court provide regular appointment under Rule ... following manner:"
5.The dispute arose with the release of impugned seniority list dated 24.8.2007 (Annexure No.1 to the writ petition) whereby
Gopal Saxena and Managar Rai
Sharma, whose names find place in the seniority
list. "It is material to point out that Sri Satya
Prakash ... with condition that due to some
physical infirmity and medical advice he may be
deputed to work otherwise than Reader. On
perusal of character Roll
under:
"99.2 Transfer on own request or on mutual exchange:
Seniority of an enrolled member of the Force transferred on his own request ... transferred member of the Force.
101. Miscellaneous provision governing seniority:
All other cases of seniority, not specifically covered in the above provisions, shall be decided
plea of absence taken by the respondents is based on legal advice only to defeat the rightful claim of regularisation of the petitioner ... class-IV employees have been regularised. He shall also be given notional seniority by placing him just below the person who joined earlier
recorded an observation that the High Court may issue appropriate advice to the learned District Judge in the matter after taken into consideration ... entitled to consequential benefits namely accelerated seniority and further promotions irrespective of their regular seniority solely on the basis of the promotion which was directed
