Ganga Vishan Gujrati & Ors vs State Of Rajasthan & Ors on 9 May, 2018
In this regard, it is pertinent to note that the
petitioners are seeking retrospective absorption without any right which
WP(C) No.504 of 2022 with WP(c)No.426 of 2022 Page 13
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otherwise cannot be granted in view of the decision of the Hon'ble
Supreme Court in the case of Ganga Vishan Gujrati and others v.
State of Rajasthan and others, (2019) 16 SCC 28, wherein the Hon'ble
Supreme Court held that "retrospective seniority cannot be granted to
employee from date when employee was not borne on cadre". In the
case on hand, the petitioner's up-gradation to the post of Assistant
Professors (Non-functional) only on 3.1.2019. Therefore, the claim of the
petitioners that they should be adjusted with effect from 3.1.2019 as
Assistant Professor (Non-functional) on upgradation is unsustainable in
law.