Seniority of employee will be determined by rules prevailing at the time of appointment -- SC

Seniority of employee will be determined by rules prevailing at the time of appointment -- SC
PRESS TRUST OF INDIA

NEW DELHI, FEB 19: In a ruling affecting the service class, the Supreme Court has held that seniority of an employee will be determined in accordance with the Rules that were in force at the time of his entry into the cadre.

However, a bench comprising Justice G B Pattanaik, Justice K G Balakrishanan and Justice B N Agrawal, said the employee did not have a vested right to have a particular position in any grade.

``Even though an employee cannot claim to have a vested right to have a particular position in any grade, but all the same he has the right of his seniority being determined in accordance with the Rules which remained in force at the time when he was borned in the cadre,'' the Bench said.

Dealing with a case concerning entry of Deputy Tehsildars into the cadre, Justice Pattanaik, writing the judgement for the Bench, said the question of redetermination of the seniority in the cadre on the basis of any amended criteria or Rules would arise only when the amendment in question was given a retrospective effect.

``If the retrospectivity of the Rule is assailed by any person then the Court would be entitled to examine the same and decide the matter in accordance with law,'' he said.

If the restrospectivity was upheld by a Court, then the seniority could be re-drawn up in accordance with the amended provisions of the employees ``who are still in the cadre and not those who have already got promotion to some other cadre by that date'', he said.

Justice Pattanaik said, ``If any Rule or Administrative Instruction mandate drawing up of seniority list or determination of inter se seniority within any specified period, then the same must be adhered to unless any valid reason is indictaed for non-compliance thereof.''

Keeping in mind the amendment of Service Rules effected in September 1992, the Bench said seniority of Deputy Tehsildars in Andhra Pradesh appointed between April 10, 1980 and September, 1992 was required to be determined in accordance with the pre-amended Rules.

``Even if, factually such seniority has not been drawn up, then the same has to be drawn up in accordance with the criteria indicated in the pre-amended Rule and not according to the amended Rules,'' the Bench said setting aside the High Court order which had held that the seniority would be determined as per the amended Rules.

The High Court was clearly in error, the Bench said and added the Administrative Tribunal was fully justified in dismissing the petitions filed by the promotee Deputy Tehsildars.