that the promotee officers under the existing rules were
getting back dated seniority, which would make many of them
senior to direct recruits after fixation ... Rules were favouring the promotees inasmuch as
they were getting the back dated seniority whereas such a situation
does not exist in other All India
along
with other similarly situated 353 persons are not entitled
for back date seniority as well as consequential benefit as
they have not actually worked ... conclusion that
it had recommended that appointment should date back to the
date of vacancies. All that the letter indicates is that the
Commission
candidate
to be ineligible should, after quashing the order, remit the matter back
to the authority concerned for reconsideration or for fresh consideration ... concerned on the
post from the date his batchmates were appointed and to grant him
back dated seniority and all other benefits or whether
candidate to be ineligible
should, after quashing the order,
remit the matter back to the authority
concerned for reconsideration or for
fresh consideration ... concerned on the
post from the date his batchmates
were appointed and to grant him back
dated seniority and all other benefits
or whether
given the
stamp of approval. Consequently, the direction for
appointment, back-wages, seniority and other
consequential benefits is set aside. The appellants
shall consider ... concerned on the post from the date his
batchmates were appointed and to grant him back
dated seniority and all other benefits or whether
Seniority from retrospective date has to mean deemed appointment from that date. It would be anomalous assertion that seniority would be counted from back date ... eligible for payment of back wages/arrears of wages if notional seniority is granted to the person from a back date. However, there is nothing
retirement would be 58 years even though they have received back-dated seniority which is only notional for the limited purpose of next promotion ... retirement would be 58 years even though they have received back-dated seniority which is only notional for the purpose of next promotion
impugned list was formulated in an
arbitrary fashion; (iii) Their seniority must date back to
their dates of promotion as Upper Division Clerks ... Upper Division grade on a regular basis so that their
seniority must date back to their date of promotion. This
suggestion was controverted
Rule 27
reads as under:
"27, Seniority. - Seniority in the
service shall be determined by the
date of the officer's substantive
appointment ... appointed in 1974, by virtue of
Government circular, his seniority dated back of April 15,
1963 as permanent Asstt. Engineer. Thus they became far
junior
candidate to be ineligible should, after
quashing the order, remit the matter back to
the authority concerned for reconsideration or
for fresh consideration ... concerned on the post
from the date his batchmates were appointed
and to grant him back dated seniority and all
other benefits or whether
