accident of permanent posts failing vacant. To determine
seniority according to confirmation is to wipe out the
length of service. The criterion for the determination ... confirmation. These Punjab Rules are referred to
only for the purpose of showing that where confirmation is
the decisive factor to determine the seniority
Collector in each division a combined
statewide seniority list of officiating Deputy Collectors
was prepared and confirmation in the cadre ... Deputy
Collectors were made in accordance with the seniority in
such combined statewise seniority list. This procedure did
not have the warrant of any legislative
quota. rule has
resulted in the adjustment of seniority consistent with
the quota. The confirmations had been issued having
regard to the permanent strength ... quota and determined their seniority in
accordance with Rule 2(b) of the Seniority Rules.
Seniority is based on confirmation as full member
chronological order
of their confirmation. [117 D-E]
111
(2) The power of confirmation of District Judges is a
part of the power of control ... Constitution vests
the power of confirmation in the High Court, the power of
determining the seniority in the service is also with the
High Court
appellants passed their examination.
The respondents were all confirmed earlier than the
appellants. The confirmation of the respondents took place
before 1964. In the High ... prepared on this basis. in the case of
confirmed Inspectors the date of confirmation gives the
seniority. In the case of Inspectors who were
Confirmation:-Members of the Service who were confirmed
prior to the provincialisation of local authority schools
shall be deemed to have been confirmed ... temporary immediately before
the provincialisation of local authority schools shall not
be confirmed in the service unless they qualify such
departmental tests as may, from
seniority list of Income-tax
Officers Class I in accordance with 1952 Seniority Rules and
finally on November 26, 1956 revised seniority list of
Income ... confirmed earlier then the petitioner. while the rest
of them were confirmed at the same time as the petitioner.
The impugned list of seniority circulated
DATE OF JUDGMENT:
29/09/1969
BENCH:
ACT:
Seniority--Fixation of--Maharashtra Service of
Engineers--Seniority inter se of promotees and direct
recruits--If violative ... such absorption, the Class II
Officer shall be confirmed as an Executive
Engineer.
(iii) The seniority of the Class II promotees shall be
fixed below
grievance with regard to
confirmation. Departmental promotees had been confirmed
against permanent posts within their quota in order of
seniority. The departmental promotees ... grievance with regard to
confirmation. The departmental promotees have been
confirmed against permanent posts within their quota in
order of seniority. Departmental promotees who have
committee met to finalise the Seniority
List. It also modified the Seniority Rules in that year. A
revised Seniority List was issued ... regarding proposed Seniority Rules.
On 9-9-1949 Seniority Rules were framed and a seniority list
of Class 1, Grade II, Income tax officers
