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2009 SCMR 150


Principles---Promotee was promoted in accordance with the provisions of R.6, Civil Servants (Seniority) Rules, 1993 in the same Calendar year in which other three persons were appointed by initial appointment---Rule 6, Civil Servants (Seniority) Rules, 1993 related only to the actual dates of promotion and appointment for purposes of assignment of seniority and did not consider other factors like the dates of recommendations or selection by the Public Service Commission---No law existed which permitted that appointees could be deemed to have been appointed in the years when they were merely recommended and selected for appointment by the Public Service Commission; they were appointed from the dates as specified in their appointment letters---Action of the Ministry in revising the seniority list was against the law and Rules---Promotion of the appointee in the meanwhile to next grade, or for that matter the promotion of other two appointees in the meanwhile in the next grade, would not change the fact that promotee was senior to them.