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Anita Kumari vs Govt. Medical College, Chandigarh on 6 July, 2018 cites

Union Of India & Ors vs K.B. Rajoria on 28 March, 2000

10. Not only that, the OA is prima facie found to be barred by law of limitation as impugned seniority list is of 2009 and the OA has been filed only on 09.04.2017. Limitation cannot be counted from 29.08.2016, when order on Review Application in OA No.1478/CH/2012 was passed, as the OA had been dismissed on 21.11.2014. Secondly, the applicant having not claimed seniority in earlier round of litigation is barred by constructive res-judicata to raise it in this OA. The reliance placed by the applicant on decision of Hon'ble Apex Court in case of Union of India and others versus K.B. Rajoria 2000 SCC (L&S) 665 is totally misconceived and does not help the applicant at all.
Supreme Court of India Cites 3 - Cited by 66 - R Pal - Full Document

K.R.Babu vs The State Of Kerala on 21 September, 2017

9. Considering the above, the respondent no.3 was offered appointment, vide appointment letter dated 15.10.1999, copy of which is appended as Annexure R-3/1, and the applicant was given retrospective promotion in view of judicial pronouncement by this court. Since they were appointed on the same very day, as per rule formation, the direct recruitment Page 4 of 5 (OA No.060/00146/2017) will rank senior to the applicant appointed by way of promotion. We also find support in our view from judgment of Hon'ble Supreme Court in case of K.R. Babu versus State of Kerala reported as 2017 (4) SCT 801 wherein identical issue came up for consideration and the Lordships have held that seniority is to be determined on the basis of effective date of appointment and not on the basis of date of joining.
Supreme Court of India Cites 0 - Cited by 1 - K Joseph - Full Document
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