revising the
seniority list of Preventive Officer if necessary
from 2.3.1993. Thereafter the seniority list has to
be revised giving advice seniority to the direct ... hence there is nothing wrong in
revising the seniority list giving advice seniority to
direct recruitees. The problem of creating
supernumerary posts to accommodate persons
PUBLIC INFORMATION
OFFICER OF THE KSRTC.
P17: COPY OF THE ADVICE SENIORITY LIST OF CANDIDATES RECRUITED ON
22/6/2000 FOR THE POST OF RESERVE ... years
was also impugned. Further contention was that the advice
seniority of candidates recruited on 22-06-2006, cannot be
changed after a long lapse
advice enabling re-appointment to a new department and the date of this effective advice is unalterable for the purposes of fixing the seniority ... same advice list for re-appointment, afresh, to a new Department, the rank in that advice list alone is material for fixation of seniority
once an advice is made, irrespective of
the appointment made as per the said advice, the candidate is
entitled to get seniority from the date ... have a vested right
under Rule 14(c) to get seniority as per the advice of the
P.S.C. which cannot be taken away
stated in the second advice memo that the earlier advice, which did not fructify, is the 'first effective advice', it shall be taken ... advice. Therefore, that advice was an effective advice, going by the Note under Rule 27(c). The Note reads:
The date of effective advice
they are entitled to bank upon the date of effective advice
for reckoning the seniority. For one thing, herein there is no contention that ... with respect to the difference between the words 'advice'
and 'effective advice' in Rule 27(c) of the Rules
category or grade
on the advice of the Public Service Commission commences
from the date of such advice. Since advice for appointment
precedes the date ... service and seniority despite
the fact that under Rule 27(c) the right to count seniority
commences from the date of advice
Commission that they are entitled to seniority over the persons in the second advice list. This contention was advanced on the basis of Rule ... first advice, namely, 17-8-1965, will be treated as the date of effective advice for determining the seniority of the above said 31 persons
37082/2007, they were included on the basis of advice seniority with a
rider that their appointment and seniority would be subject to the final
reads as follows:-
27.Seniority.- (a) Seniority of a person in a
service, class, category or grade shall, unless he has been
reduced ... held that there is
difference between advice and effective advice. In Sukumaran Nair v. State of
Kerala (1987(1) KLT 445) a Division Bench
