lays down the conditions of service by way of
appointment, probation, confirmation and seniority. Chapter VI provides for
superannuation, pay, allowances and other service conditions ... lays down the mode and manner in which the appointment,
probation, confirmation and seniority would be made.
LEGALITY OF THE APPOINTMENTS
The Board
Workshop, Varanasi and C.L.W. as a
separate cadre regarding seniority, confirmation,
promotion and transfer etc. and allow them all
other benefits admissible ... They were treated to be workers under the
Factories Act . A separate seniority list started to be maintained. A different
cadre was created
Engineers belonging to the SQT batch filed their objections whereafter the confirmed seniority list was published on 26.12.1997 wherein promotee Assistant Engineers ... with G.S. Venkata Reddy's case .
2. Thereafter another confirmed seniority list was published wherein the ranking of the petitioners
remunerations (including allowances), pension and other retirement benefits;
(ii) tenure including confirmation, seniority, promotion, revision, premature retirement and superannuation;
(iii) leave of any kind
otherwise, be absorbed
in such service, --
(a) finally, if he was already confirmed in his
post, and
(b) provisionally, if he was holding temporary ... Suitability or Provisionally
Absorbed Persons, Part VII deals with Appointment, Probation,
Confirmation and Seniority. Rule 25 provides for appointment by the
Authority in terms
seniority shall be fixed with reference to
their seniority in Lower Division Grade of
the Armed Forces Headquarters Clerical
Service."
3. A seniority list ... inter-se seniority was still governed by the old
rules and by reason thereof, the rule as regard seniority in order of confirmation
attention has further been drawn to the fact that in the seniority list of Senior Assistants issued on 1-9-1998, the name ... purpose of this case reads as follows:
"27. Probation, Seniority and confirmation Special provisions :- (1) Service rendered in a post or group of posts
appointment to the selection grade shall be made on the basis of seniority-cum-efficiency. Admittedly, by the time the respondent No.5 herein was appointed ... Rules which reads Thus:
Probation, seniority and confirmation special provisions :--(1) Service rendered in a post or group of posts bearing distinct designation and included
Trial Judge, inter alia, held that a seniority would not depend on the fortuitous circumstances of confirmation and if confirmation is not made in time ... would be determining factors for the purpose of determining seniority and not the date of confirmation subject of course to the fact that other conditions
basis only and thus the questions of reckoning the seniority from the date of confirmation would not arise. In support of the said contention, reliance ... guidelines for confirmation or any rules having been framed stating as to when an officer would be confirmed, his seniority would be counted from
