Sukumaran Nair vs State Of Kerala on 4 December, 1986
(Emphasis supplied)
This amendment is in the nature of a clarification concerning those discharged from one department and "got reappointed in another service or another department on further advice". In the case of such persons, seniority shall be determined by the date of "first effective advice" obviously because, there are more than one date of effective advices. When the Note defining the date of effective advice is read along with this proviso, the word 'first' appearing in Rule 27(c) will get a meaning that, it is the date of effective advice based on which the 1st appointment was made. This proviso thus gives a clarification to the main provision contained in Rule 27(c). This is evident from the explanatory note. So, it can be applied to situations as the one arising in this case in between the petitioner and the 5th respondent. This proviso was not on the statute book when Sukumaran Nair's case was decided.