Seniority
A.S.N.Murty
(Querist) 29 August 2012
This query is : Resolved
Sir, thank u very much all for the kind concern
Guest
(Expert) 29 August 2012
Before expressing any opinion, contents of the order are necessary to be gone through to check about the basis of such decision of the authority. Any verdict of some court case of the contractual employees can also be the basis for such orders.
So, better attach a copy of such orders vide which the seniority has been revised.
venkatesh Rao
(Expert) 29 August 2012
If it is govt. dept, seniority counts from the date of substantive appointment.
Sudhir Kumar, Advocate
(Expert) 29 August 2012
I will add to what is said by Mr Rao. The seniority shall be in the order of selection in merit list
Raj Kumar Makkad
(Expert) 30 August 2012
Legally speaking such appointments wherein no selection process was adopted and no departmental interview prior to appointment was conducted after making due advertisement of post, such backdoor appointments in public sector are void ab initio, however, the department has regularized such contractual service after 2 years service containing break in service of one month every year. Anyway, the contractual period in the given case can also be added to fix seniority though various employees shall be effected by adopting this process.
A.S.N.Murty
(Querist) 30 August 2012
Sir, Thank u very much for ur kind concern.
Guest
(Expert) 30 August 2012
Instead of quoting the contents of the order for retrospective revision of seniority you are just repeating the same judgment, as you quoted in your original question. The judgment can be valid only if the background and the circumstances of the present problem are the same as would have prevailed in the quoted case.
Does the aforesaid judgment confirm that if the seniority has been fixed wrong at some earlier occasion that should not be revised?
You should also not forget that if the seniority is wrongly fixed the same can be revised any time when the mistake is noticed.
