leave, the
question presented for consideration before this Court relates to
determination of seniority between two groups of direct recruits to the
1
posts ... recruitment as well
as by promotion, the mode and manner of determination of seniority
1
provided in rule 5 cannot be applied and instead rule
Government in 1959-60 for re-determination of the
confirmation as well as conseqential determination of
seniority of the petitioners vis-a-vis the respondents ... made representations to the Government for re-determination
of the confirmation and consequential determination of the
seniority of the petitioners vis-a-vis the respondents
date for the purpose of seniority. On applicability of
roster in determination of seniority, the High Court
categorically held that roster shall be applicable ... continuous
officiation in service is the Rule to be followed for
determination of seniority, Full Court and Administrative
Committee has taken correct view
consequence. It is contended that 1991 Rules cannot effect
retrospectively the determination of seniority. He submits that
gradation list prepared ... enforcement of 1991 Rules,
1947 Rules are impliedly overruled and the determination of
seniority shall be governed by 1991 Rules. It is submitted that
make any provision with regard to the principles for the determination of seniority. There is also no dispute between the parties that ordinarily seniority ... departure was made from the normal rule in regard to the determination of seniority; that the Ministry of Home Affairs, the authority competent to decide
quota.
ii. Respective seniority of Assistant Commissioner of promotee quota in terms of their seniority in feeding cadre.
iii. Inter-se seniority of direct recruits ... well as the Seniority Rules, 1991. Rule 8(1) of the Seniority Rules envisages the procedure for determination of the seniority where appointments are made
crucial question of controversy in this appeal relates to the determination of seniority between the respondent i.e. petitioners in writ petition ... made representation to the Government for re-determination of the confirmation as well as consequential determination of seniority of the petitioner
Corporation erroneously applied Rule 4 of
the West Bengal Services (Determination of Seniority) Rules,
1981, downgrading the date of joining of the respondent to 30th ... several years. Hence, Regulation 4 of the Kolkata Municipal
Corporation (Determination of Seniority) Regulations, 1984, which I shall
discuss later would not govern the case
temporary post. The rules of quota and rotation are irrelevant for determination of seniority. The distillate of the rationes in T.H.B. Chalapati (1supra ... mandated by Rule. 6
22. Sri Sitararnaiah has urged that the determination of seniority by the 1st respondent inter se the petitioner and respondent
appointed to temporary posts, will never
have their service reckoned for determination of seniority
in the cadre. The respondents were appointed long before the
appointment ... this Court. The only
question that falls for consideration is the determination
of seniority of Assistant Engineers in the cadre of the
service within
