Rank in merit list & not date of joining to determine Seniority

Rank in merit list & not date of joining to determine Seniority

A Bench of Justice SD Anand and Dr. AK Mishra at the Chandigarh Bench of Central Administrative Tribunal have held that the relevant criterion for determining seniority would have to be order of merit at the time of appointment and not date of joining government service.

In the case in question police inspector Harjit Kaur, presently on deputation with CBI, had challenged denial of seniority over two other colleagues who were placed above her in seniority list on the basis of their date of joining service.

Petitioner claimed that at the time of initial appointment she was placed third in merit list for women recruits. However Kaur could was offered appointment only when the second in list was found medically unfit. In the meantime other colleagues joined the department 18 days prior to the petitioner.

An office order dated 21 April,1989 passed by the then Senior Superintendent of Police, U.T., however came to Kaur’s rescue which stated that she be placed senior to ASI’s Dilsher Singh and Gurmukh Singh selected in the same recruitment process keeping in view their lower rank in the merit list.

Kaur who had already received two promotions based on the seniority fixed in 1989 was in for a shock when she was on deputation at a UN Peace Keeping Mission at Kosovo. By a office order she was placed at a lower level than the other two ASI’s. Upon contesting her case the Director General of Police, U.T., on 5 November, 2009 turned down her plea primarily on the ground of delay and latches.

Agreeing with Kaur’s counsel the Bench held that as per Rule 12.2 (3) of the Punjab Police Rules, as applicable to U.T. Chandigarh, the inter-se seniority of police officers of the same selection, has to be reckoned by the order of merit as determined/ fixed by the selection body. Giving relief the Bench ruled that the petitioner shall be treated as senior to Dilsher Singh and Gurmukh Singh for all intents and purposes and shall also be entitled to the consequential benefits.

Source: Lawetal

DOPT published an important order regarding seniority - "Instructions and Guidelines on Seniority"

No.20011/1/2008-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
...

New Delhi, dated the 11^th November 2010

OFFICE MEMORANDUM

Subject: SENIORITY - Consolidated orders on...

The undersigned is directed to say that instructions have been issued by this Department from time to time laying down the principles for determining seniority of persons appointed to services and posts under the Central Government. For facility of reference, the contents of the important orders on the subject have been consolidated as a compilation "Instructions and Guidelines on Seniority". The number and date of the original O.M.'s has been referred in the relevant instructions* for easy reference to the context. The consolidated instructions include revised instructions on the following:

i. Seniority of persons appointed on direct recruitment from the reserved panel at a later date, specifically when the officers from the subsequent selection panel have already joined.

ii. Inter-se seniority of two panels of direct recruits, where more than one selection panel are received from UPSC/SSC through letter of same date.

iii. Fixation of seniority of a person who has been transferred to a lower post under FR 15-A.

iv. Seniority in case of appointment on compassionate grounds

2. Also, certain areas within the existing instructions, which require frequent clarifications, as is evident from the references received from various Ministries/Departments, have also been incorporated under the head "clarification", for reference. This may be brought to the notice of all concerned for information, guidance and necessary action.

3. The consolidated instructions along with Annexure containing O.M.'s referred wlll be issued separately in the form of handbook.

4. Hindi version will follow.

(Smita Kumar)
Director(Establishment)

* Instructions & guidelines on Senioirty along with Annexure is available at
DoP&T's website : www.persmin.nic.in

Download the complete PDF file click here...

Seniority not a fundamental right: CAT

Seniority not a fundamental right: Central Administrative Tribunal

The Central Administrative Tribunal (CAT) has said that public employees cannot claim seniority as a "fundamental right".

"As per the settled law, seniority is not a fundamental right of a public employee. It is only a civil right. There cannot be any change in this contrary to the principles of natural justice," the Tribunal bench, comprising Members Shanker Raju and Veena Chhotray, said.

The Tribunal said this while refusing to set aside an order by the Municipal Corporation of Delhi(MCD) revising the seniority list of its junior stenographers, It dismissed the petition of junior stenographers seeking to quash the order of the civic agency which had revised their 1988 seniority list.

The Tribunal noted that seniority list of junior stenographers was revised in 2000 by the MCD after duly considering the objections invited by it after circulating a provisional seniority list.

"The revision of seniority list of 2000 had been preceded by circulation of a provisional seniority list and inviting the objections. Even though the applicants still insist that their objections had not been considered, this is not proved," it said.

The Tribunal rejected the plea of violation of natural justice of petitioners on the ground that no proof in the form of relevant document was produced in support of it.

The petitioners, M S Thakur and others, were aggrieved at the changes in the revised seniority list of 2000 and approached the Tribunal for relief.
Source: Indian Express