Seniority can’t be claimed from date of vacancy, rules Supreme Court

A view of the Supreme Court of India building in New Delhi. File

A view of the Supreme Court of India building in New Delhi. File  

Seniority of an employee in public service is not to be calculated from the date when vacancy arose, but from the date of actual appointment, the Supreme Court has held.

A three-judge Bench led by Justice R. Banumathi reiterated the law in a case of inter-se seniority dispute in the Manipur police service.

"A person is disentitled to claim seniority from a date he was not borne in service," the court said.

"A person cannot be said to have been recruited to the service only on the basis of initiation of the process of recruitment, but he is borne in the post only when formal appointment order is issued," the apex court referred to its earlier precedents.

The court held that retrospective seniority should not be granted from a day when an employee was not even borne in the cadre and thus adversely impacting those who were validly appointed in the meantime.

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Printable version | Feb 23, 2020 2:05:08 PM |

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