civil service matters. Regarding seniority in governemtn service.
bogum laxmaiah
(Querist) 16 July 2011
This query is : Resolved
I have selected as a Group I Officer, in the year2001 through APPSC.The selection should be in 1996 but for legal disputes. I have been selected in waiting list candidates.Some selected candidates approached the administrative tribunals, AP High court, and Supreme Court of Inida, for recasting of entire list.The Hon,ble High court of Andhra Pradesh on hearing delivered the judgement and directed the Govt.of A.P. to consider the recast after giving posting to the waiting list canidates. The Hon'ble Supreme Court of India confirmed the orders of the H.C of A.P. As per the directions of the Courts the APPSC given appointment to the waiting list candidates in the year 2001.The process is late due to the court litigations and thus we lost the seniority from 1996 to 2001 even though our lapses are not there. In this connection I am calling for the opinion that can we get the NOTIONAL SENIORITY FROM 1996 on par with the selected candidates in 1996. Please clarify in this regard and is there any supportive case laws or is there any chance to get the notional seniorty by approaching the Courts.
Out of Court
(Expert) 16 July 2011
ur joining of service on oficial papers lyk joining letter etc is from 2001 or 1996?
R.Ramachandran
(Expert) 16 July 2011
Can you please explain how the impact will be different if only 'notional seniority' is given from 1996 instead of giving 'actual seniority' from 1996?
bogum laxmaiah
(Querist) 16 July 2011
Expert : Out of Court
ans:
I Have been joined in group1 service in the year 2001 as per official papers
bogum laxmaiah
(Querist) 17 July 2011
R.Ramachandran ans:;;
I have been joined in service on official papers in 2001 instead of 1996 due to legal disputes on waiting list operation.Actual in my recruitment notification my batch mates are joined in 1996 except me.
Further in between 1996 to 2001 another two notifications issued by appsc,who qualified and joined 40 candidates in our department in the above recruitment process. because of legal dispute i joined in 2001 dats y i became a junior,i lost my future promotions delay.
If i get notional seniority on par with my batch mates 1996,i will become senior later than two appsc notification recruited candidates in the seniority list.
R.Ramachandran
(Expert) 17 July 2011
Why I asked this question was, the moment you get your notional seniority from 1996 you will claim seniority over those appointed by the two notifications. It is nothing but seeking regular seniority. Therefore, why call it "notional seniority"?
Be that as it may,
If possible paste the orders of the AP High Court and the Supreme Court. Let us first understand the issue and then try to give our view.
Isaac Gabriel
(Expert) 17 July 2011
The seniority list for the cadre posts is drawn on the basis of selection by the Public service commission, and in your case, the same ahould not have been fixed in view of the court orders.Please check up with the department and then decide your future actiions.
Guest
(Expert) 18 July 2011
Dear Laxmaiah,
Although, normally, the seniority of the direct recruit Group-I Officers is fixed from the date/year of selection, as per their merit, but in litigation cases, the Government was bound to act to the extent that was provided in the judgment of the court.
On the other hand, the judgment was also supposed to be limited to the issues raised by the litigants.
So, if the judgment contained orders limited to the appointment of the selected candidates without touching the issue of seniority, the Government was supposed to comply with the orders of the court limited to that extent only. Since your appointment was from 2001, the authorities seem to have fixed the seniority from the date of your appointment only.
So, now, better at first make representation to your cadre controlling/ recruiting authority in the Govt. of AP to claim your seniority. If you fail to get justice, you may again have to approach to the concerned CAT/court of justice, as the case may be, with a separate case for revision of seniority.
However, if you resort to litigation for restoration of your seniority, you will also be required to make party all those Group-I Officers (Direct Recruits as well as Promotees), whose seniority would get affected if your seniority is considered to be revised with retrospective effect.
Guest
(Expert) 18 July 2011
Dear Ramachandran,
With reference to your post dated 17th July, I would like to clarify that the seniority of waitlisted candidates, if not appointed in normal course along with the regularly selected candidates against the notified vacancies and are appointed at some later date due to some dispute/court judgments, their seniority, if claimed from retrospective effect, without any financial benefit, is treated as notional seniority to regulate their future promotions.
R.Ramachandran
(Expert) 18 July 2011
Dear Mr. Dhingra,
I entirely agree with you.
The point which I was trying to mention to the querist is that when he has been appointed only from 2001, the question of his asking for back wages does not arise. Whatever seniority that he is demanding is nothing but normal seniority.
As rightly pointed out by you, unless one goes through the AP HC Order it will not be possible to give a definitive view on the matter. That's why I also asked him to paste the AP HC ORder.
bogum laxmaiah
(Querist) 23 July 2011
The hon'ble courts judgements are only on operation of waiting list candidates. As per direction of the courts the APPSC given appointment to the waiting list candidates in the year 2001.
The process is became late due the court litigations and thus we lost the seniority from 1996 to 2001 even though we are not responsible for that. In this connection I represented our appointing authorities for granting notional seniority and failed to get justice. Now there is no other go to me to knockout the doors of the appropriate court of law to got my notional seniorty wich is legitimate. Hence please give me a direction is there any supportive case laws in this regard and kindly guide me.
Thanking you, Sir
bogum laxmaiah
(Querist) 23 July 2011
The hon'ble courts judgements are only on operation of waiting list candidates and not touched the issue of seniority. As per direction of the courts the APPSC given appointment to the waiting list candidates in the year 2001.
The process is became late due the court litigations and thus we lost the seniority from 1996 to 2001 even though we are not responsible for that. In this connection I represented our appointing authorities for granting notional seniority and failed to get justice. Now there is no other go to me to knockout the doors of the appropriate court of law to got my notional seniorty wich is legitimate. Hence please give me a direction is there any supportive case laws in this regard and kindly guide me.
Thanking you, Sir
