Chairman, Puri Gramya Bank vs Ananda Chandra Das on 12 September, 1994
4. That apart, unless provided otherwise by the rules, seniority of the employees cannot be determined on the basis of fortuitous chance of joining the post to which they were appointed or promoted. The date of Joining depends on so many factors, such as the date on which the employee is relieved from the post held by him and the distance between the place from which he is relieved
and the place where he has to join the new post. A person who is already in service cannot join the post to which he has been promoted unless relieved by the Government. A person who is posted at Pithoragarh may take time to Join the new post at Lucknow : whereas the person who was already working in Lucknow may join the new post on the same date on which he received the order. Therefore, firing the seniority on the basis of fortuitous chance of joining the new post may result in violation of Articles 14 and 16 of the Constitution of India. In this connection, reference may be made to the decision of the Supreme Court in Chairman. Puri Gramya Bank v. Ananda Chandra Das and others. 1994 (5) SLR 615, wherein it has been held as under :