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S.K. Saha And Others vs Prem Prakash Agarwal And Others on 13 November, 1993 cites

Direct Recruit Class Ii Engineering ... vs State Of Maharashtra And Ors on 2 May, 1990

7. From time to time, this Court has considered, as to what is the relevant date for fixing inter se seniority of entrants in the same cadre, either by the same process or by different processes of recruitment. Ultimately, the matter was examined by a Constitution Bench, in the case of Direct Recruit Class II Engineering Officers' Association v. State of Maharashtra . It was said that once the appointment is made to a post according to rules, the seniority of the person so appointed is to be counted from the date of his appointment and not with regard to the date of his confirmation. It was also said that the corollary of the above rule is, that where the initial appointment is only ad hoc and not according to rules and made as a stop-gap arrangement, the officiation in such post cannot be taken into account for considering the seniority.
Supreme Court of India Cites 23 - Cited by 915 - L M Sharma - Full Document

State Of Mysore vs H. Gundappa Honnappa Gowda And Ors. on 1 July, 1971

9. The other issue, as to whether the appellant having not opted to be absorbed in some other Department of the State Government, after the Cycle Parts Factory, was transferred to the Corporation and the appellant having joined the said Corporation in terms of the offer given to him by the State Government ceased to be an employee of the State Government, till he was again appointed as Assistant Director of Industries on 19.6.1972, needs a closer scrutiny. In view of Article 311(1) no person who is a member of civil service of the Union or of a State or who holds a civil post under the Union or the State can be removed from service except after an enquiry as contemplated by the said Article. A Constitution Bench of this Court, in the case of State of Mysore v. H.Panappa Gowda , has held that in view of the provisions of Article 311, it is not open to the State Government to declare even by a statutory rule that after transfer of the department alongwith posts to a University, the holders of such posts under the Government in such department shall cease to be in the service of the State Government, because that will be violative of Article 311 of the Constitution.
Karnataka High Court Cites 7 - Cited by 1 - Full Document
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