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Union Of India & Ors vs A. Durairaj (Dead) on 1 December, 2010

 i) to quash the office order dated 15.10.2014 (Annexure A 1 supra) and directed the respondents to fix their pay at par with the candidates, who were selected in terms of advertisement no.02/2000 with arrears and also grant them notional seniority. Though the representation made by the applicant for giving him seniority and notional pay fixation during the year 2001 could be rejected vide office order No.D/DDE/KBZ/2014/3512 dated 15.10.2014, in view of the law declared by the Honble Supreme Court in UOI & Ors V. A. Durairaj (dead) by LRs (JT 2011 (3) SC 254), the period of limitation will have to be reckoned from the date of the cause of action i.e. the year 2002, when the applicant was appointed to the post. The relevant excerpt of the judgment read thus:--
Supreme Court of India Cites 2 - Cited by 131 - R V Raveendran - Full Document

M.R. Gupta vs Union Of India & Ors on 21 August, 1995

Though the learned counsel for the applicant submitted that the applicant has filed an application for condonation of delay in filing the OA, we do not find any such application on record. Even otherwise also, there can be hardly any ground to condone the delay of more than a decade. To adjudicate the plea of antedating the date of appointment and to give the benefit of additional increments and seniority when the applicant joined the service in the year 2002, we need to verify his position in the merit list vis-a-vis others. The reliance placed by him on the judgment of Honble Supreme Court in M.R.Gupta Vs. Union of India and Ors (1995 (5) SCC 628) is of no consequence. Such judgment would apply only in such cases where the pay fixation of employee is incorrectly done and he suffer loss in salary. In the present case, it is not so that the grievance of the applicant is regarding pay fixation. His grievance is regarding the date of his appointment. In the OA, the prayer of the applicant is that his date of appointment should be antedated and then he should be given the benefit of increments.
Supreme Court of India Cites 3 - Cited by 597 - J S Verma - Full Document
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