taken into account for fixing his seniority as a Junior
Engineer, thereby effectively refixing the seniority with retrospective
effect.
Factual background:
4. Initially, the State ... appointment and giving retrospective effect to the appointment, struck down
its retrospective operation. In this context, it was observed:
“The retrospective operation of the impugned
benefit of retrospective seniority
unless they claim the retrospective promotion. The relief of
retrospective seniority, which is only consequential to the
basic relief of retrospective ... with
immediate effect and is not entitled to claim either
retrospective promotion or retrospective seniority unless the
statutory Rules governing the service so prescribe
specifically
Annexure-A provides for transfer. The said Board approval
provided for retrospective seniority over and above the existing
Assistant Engineers was questioned before this Court ... further stated in the writ petition
that identical provision providing for retrospective seniority for
appointment by transfer in the Public Works Department was
challenged before
promoted
through LDCE in the year 2011 and granted retrospective seniority from the
date of accrual of vacancy, who are aggrieved with the impugned order ... fresh seniority list in lieu of the seniority
list dated 17.01.2012 by ensuring that no SO promoted under the LDCE
quota is granted retrospective seniority
promoted
through LDCE in the year 2011 and granted retrospective seniority from the
date of accrual of vacancy, who are aggrieved with the impugned order ... fresh seniority list in lieu of the seniority
list dated 17.01.2012 by ensuring that no SO promoted under the LDCE
quota is granted retrospective seniority
absence of any provision in the 2009 DHS Rules
permitting retrospective seniority from the date of contractual
engagement, no such benefit can be granted. Contractual ... code and that, in the absence of any express provision
granting retrospective seniority, no such benefit can be claimed.
41. On the other hand
benefit of retrospective seniority
unless they claim the retrospective promotion. The relief of
retrospective seniority, which is only consequential to the
basic relief of retrospective ... with
immediate effect and is not entitled to claim either
retrospective promotion or retrospective seniority unless the
statutory Rules governing the service so prescribe
specifically
Retrospective
regularization
vide order dated
18.12.1991 in
C.R. No. 639 of
1991
No order as to
retrospective
seniority
The High Court
relied on order ... Retrospective
regularization
from vide order
dated 23.1.1992
in C.R. No.
2372 of 1990
No order as to
retrospective
seniority
Government order
regularizing the
services
Court contending,
inter alia, that he was entitled to be given retrospective seniority with
effect from the date when the vacancy had arisen. The stand ... seniority rule applicable on the date of appointment. It has also been
observed that weightage in seniority cannot be given retrospective effect
unless
revision in seniority, contending that it
amounted to giving effect to retrospective seniority from the year in which
UDC vacancies accrued and from points ... been consumed on a year to year basis, resulting in retrospective promotion
and seniority to certain persons, would be detrimental to their accrued rights
