Inter se seniority of candidates joining on the same day

Determination of seniority is a vital aspect in the service career of an employee. His future promotion and other relevant attributes of his employment depend on his seniority. The law regarding determination of seniority is very clear that if service rules prescribes any method of computation, the same has to be followed with precision.
However, in the absence of any specific rule, the seniority amongst persons holding similar posts in the same cadre has to be determined on the basis of the length of the service and not on any other fortuitous circumstances. In case of any lacunae in the rule governing seniority, an executive order can validly be issued to fill up the gap. Only in the absence of a rule or an executive order, to determine seniority in a particular case, the court would evolve a fair and just principle to fix the seniority.
In the case of D.P Das v. Union of India, inter se seniority of candidates joining on the same day, came up for consideration of the Supreme Court. The court held that AGE of candidates is the only valid and fair means to determine seniority of officers who were recommended for appointment on the same day.

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About Thomas Geeverghese

Advocate, Ernakulam
This entry was posted in Service Law and tagged , , , . Bookmark the permalink.

One Response to Inter se seniority of candidates joining on the same day

  1. Vonnie says:

    Awesome! Its truly awesome paragraph, I have got
    much clear idea concerning from this post.

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