Regarding seniority
satishkumar
(Querist) 27 April 2015
This query is : Resolved
1. UPSC circulated 56 post of Statistical Investigator- Grade-I[ Group ‘B’,Gaztted] In Office of Registrar General,India,New Delhi during May 2006.
2. UPSC conducted Interview during 20th Nov to 6th Dec, 2006.
3. UPSC has published the Result on 26th Dec 2006 for 38 [thirty-eight] candidates in employment news with the note that the Result of remaining candidates will be declared later on.
4. UPSC has sent the First Recommendation Letter[RL] on 26th Dec 2006 for 38 [thirty-eight] candidates with their merit [marks obtained] to ORGI,New Delhi.
5. UPSC has sent 9[Nine] recommendation letters to ORGI, New Delhi vide different recommendation letters on different dates. Each Recommendation Letters [RL] has its own merit accordingly.
6. The chronology of all 9[Nine] recommendation letters to ORGI,New Delhi is as
Serial No DATED No of candidates Remark
1 26.12.2006 38
2 07.01.2007 7
3 20.02.2007 6
4 13.04.2007 4
5 11.05.2007 1
6 30.08..2007 6
7 19.09.2007 1
8 17.03.2008 1
9 03.07.2008 3
7.UPSC has sent a merit list of 56 candidates on 10.06.2008 associating all the candidates selected /recommended vide 9 Recommendation Letters[RL]taking care the marks obtained by the candidates avoiding the chronology of the issue of the Recommendation Letters[RL] with their own merit[marks obtained].
8. Some candidates recommended vide 2nd, 3rd & 6th Recommendation Letters [RL] has placed before the candidates of the 1st Recommendation Letters [RL] in the Merit List of UPSC.
ISSUES:-
1. Can UPSC club all different [9] Recommendation Letters [RL] by avoiding the chronology of issue of Recommendation Letters [RL]?
2. Can a person selected vide 1st Recommendation Letters [RL] be junior to the person selected vide 2nd, 3rd & 6th Recommendation Letters [RL]?
3. Can the merit list [combined] dated 10.06.2008 be utilized as seniority for all selected Statistical-Investigator Grade-I?
4. I was selected vide 1st Recommendation Letter[RL] at serial no 25 and 6[six] senior candidates either not joined or resigned ;after that I must be placed at 19, but inclusion of candidates of 2nd,3rd & 6th Recommendation Letters[RL] I have been placed at 31.
Guest
(Expert) 27 April 2015
Mr. Satish Kumar,
Merit of the candidates obtained in the exam of a particular year is the main criteria for fixation of their seniority, not the chronology or the date of the recommendation letters.
Rajendra K Goyal
(Expert) 27 April 2015
Consult a local service law expert lawyer and show him all documents.
Sudhir Kumar, Advocate
(Expert) 28 April 2015
you have tried to confuse well and all issues seems to be resolved well in one line views expressed by Mr Dhingra.
satishkumar
(Querist) 28 April 2015
Respected Sir, Thanks for your responce.
Please find the DOPT OM
O.M.No.20011/1/2008-Estt.(D)dated 11.11.2010 and Swamy Handbook States:-
” The relative seniority of all direct recruits is determined by the order of merit in which they are selected for such appointment on the recommendations of the U.P.S.C. or other selecting authority, persons appointed as a result of an earlier selection being senior to those appointed as a result of subsequent selection.
As per FAQ OF DOPT -
How the seniority of all direct
recruits is determined?
The seniority of direct recruit is in
the order of merit in which they
are selected for appointment on
the recommendations of UPSC or
other selecting authority. The
persons appointed as a result of
earlier selection being senior to
those appointed on subsequent
selection.
Guest
(Expert) 28 April 2015
Don't try to misinterpret the term, "selection." Selection does not mean in phases out of a particular batch of candidates for a particular examination for a particular year. A single examination is taken as a single entity for the purpose of charting out merit of the candidates as obtained in that particular exam.
However, to test the veracity of your own interpretation you can file a writ petition against the UPSC, DOPT and all concerned departments making all the candidates as party to the case, since you would be challenging the seniority of all such candidates.
Best of luck!
satishkumar
(Querist) 28 April 2015
Respected Dhingra Sir,
Thanks for valuable responce.
Guest
(Expert) 28 April 2015
You are welcome.
Sudhir Kumar, Advocate
(Expert) 28 April 2015
In your case as the facts stated by you indicates there are supplementary lists issued out of same selection.
satishkumar
(Querist) 05 May 2015
Respected Sir,
Please provide the detail regarding the word "Selection" as per DOPT Guidline.
Please find the item no 4 & 5 of above mentioned query.
EACH Recommendation Letters [RL] has ITS OWN Merit AS PER MARKS OBTAINED BY THE CANDIDATES.
satishkumar
(Querist) 07 May 2015
Respected Mr.P.S.Dhingra Sir and others,
Please Consider my new query,sympathetically.
Please consider my point with respect to the fundamentals of Natural Justice that 'persons appointed as a result of an earlier selection[ RECOMMENDATION] being senior to those appointed as a result of subsequent selection[ RECOMMENDATION].
Sudhir Kumar, Advocate
(Expert) 07 May 2015
If you want to under stand what is "selection" please read what Mr Dhingra commented.
After reading and under standing what is a "selection" you may either be understanding the solution or may be understanding what to ask.
