Supreme Court Digest of Recent Cases
(2006) 6 SCC 673

Service Law

Seniority

— Inter se seniority — Direct recruits and promotees — Quota-rota — Roster prescribed for appointment — Must be strictly followed where provided under Rules and seniority list prepared in violation thereof, held, is liable to be set aside — PCS (Executive Branch) officers — R. 18 of Punjab Civil Services (Executive Branch) (Class I) Rules, 1976 providing for appointment of accepted candidates from different Registers on the basis of rotation (on a 100-point roster) according to which first and thereafter every alternative vacancy shall be filled up by Register B candidates — R. 21 providing that seniority of the officers shall be determined <169>in accordance with the order of their appointment<170> — Held, R. 21 must be read with R. 18 and so read inter se seniority has to be fixed in accordance with the <169>order of appointment<170> by applying the roster provided under R. 18 and not on the basis of date of appointment — <169>Order of appointment in the context meant order/sequence prescribed under R. 18 and not individual orders of appointment — Determination of seniority without reference to the order of appointment provided under R. 18 is unsustainable and liable to be set aside — Determination of seniority on the basis of dates of issuance of orders of appointment must relate to inter se seniority of individual sources of recruitment such as Register B (direct recruits) and not to joint/composite seniority list of direct recruits and promotees, (2006) 6 SCC 673-A

Service Law

Practice and procedure

— Practice — In vogue for long in the State — Deviation from, by Govt., without any specific reason, not justified, (2006) 6 SCC 673-B



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