Reserve panel seniority
mohan
(Querist) 05 August 2018
This query is : Open
Seniority of all candidates of main list and reserve panel( waiting list) candidates will be as per marks secured in UPSC or seniority of reserve panel will be below of main list candidates??
mohan
(Querist) 05 August 2018
Please share opinion and guidelines of DOP&T
mohan
(Querist) 05 August 2018
Sir, kindly share your mail id....
mohan
(Querist) 05 August 2018
Reserve panel(waiting list ) General candidates having more marks than the main list( 1st list) SC/ ST candidates in the recruitment done by same examination vide UPSC same Advt... So seniority of the reserve panel general candidate having more marks I.e higher merit will get seniority as per marks or not??
Sudhir Kumar, Advocate
(Expert) 06 August 2018
The moment there is additional vacancy the reserve panel persons are to be treated as normal selectee and will rank higher in seniority above all from whom they secured more marks (even if they have been appointed earlier)
Guest
(Expert) 06 August 2018
Sorry to differ with the views of Mr. Sudhir kumar. Any candidate of reserve panel, if appointed later than the candidates of the main list, cannot ride over and above the candidates in seniority of the main list, who have been appointed first. There are several criteria, not the marks only, that decide seniority in a cadre.
Probably, you have not been able to explain the real problem.
mohan
(Querist) 06 August 2018
Thank you Sir, Sudhir Kumar..Please share your mail I'd....In view of merit-cum-seniority ...candidates from waiting list having more merit marks get higher seniority as per their marks secured in UPSC/ SSC, I have got DOP&T recent OMS and so many departmental seniority fixation examples on basis of marks secured , Recent CAT Bangalore one case also is there..so it is clear now...only on the basis of marks seniority would be fixed... Thank you all of you Sir.
mohan
(Querist) 06 August 2018
If you want the all the OMS and depertmental examples.. Please share your mail id...
mohan
(Querist) 27 October 2018
https://www.asklaw.in/categories/labour-laws/seniority-of-reserve-panel-general-candidate-vs-1st-list-low-marks-category-candidate
mohan
(Querist) 27 October 2018
Please visit this link , all required information available
mohan
(Querist) 27 October 2018
All example of other departments OMS and DOPT OMS are available in the asklaw website
mohan
(Querist) 27 October 2018
https://www.asklaw.in/categories/labour-laws/seniority-guidelines-for-directly-recruited-candidates-reserve-panel-waiting-list-vs-main-list
mohan
(Querist) 12 March 2019
Interse Seniority between main list and reserve list will be decided as per consolidated merit (written +interview+any other) i.e aggregate marks given by UPSC/SSC. Please check these OMS(DOP&T and many ministry/department)
(1) DOP&T Office Memorandum No. 22012/15/2013-AIS(I) dated 8th August,2013
(2)DOP&T Office Memorandum No. 22012/15/2013-AIS(I) dated 9th January,2014
(3) Ministry of Corporate Affairs Memorandum No. A- 23011/03/2016-Ad.(II) dated 22nd, May,2017
(4) Office Memorandum no A-12025/1/2002/CGA/Gr.A/357-367 of Controller General of Accounts dated 18/02/2014
(5) Very recent seniority fixation example of DGAQA in compliance of order dated 19.09.2017 passed by hon'ble CAT, Bangalore Bench.
(6) Hon'ble CAT order Bangalore Bench, OA.No.170/00971/2016/CAT/Bangalore Bench dated 19th DAY OF SEPTEMBER, 2017
All examples with PDF file available at ""' files ""of lawyersclub website. Go and download from there
mohan
(Querist) 23 October 2020
Important information on overall process of recruitment, in general, followed by recruiting agencies/UPSC:
What is the overall process of recruitment by recruiting agencies/UPSC?
Following steps are followed for recruitment –
(1) Examination (written test & Interview)
(2) Merit List
(3) Selection
(4) Recommendation.
(1) What is Examination?
Commission conducts Examination through written test and interview. Sometimes through interview only.
(2) What is Merit list?
After personality test, candidates will be arranged in the order of merit as determined by the aggregate marks finally awarded to each candidate. This is termed as "Merit list".
(3) What is selection?
After merit list was prepared, commission recommends the candidates with respect to numbers of unreserved vacancies (UR) purely on Merit basis i.e in order of aggregate marks.
For filling up the above said unreserved vacancies (UR), commission recommends all categories candidates, General, SC, ST, and OBC purely on Merit/marks basis, without any relaxation.
After that, commission recommends the reserve categories belongs to SC ,ST and OBC candidates against numbers of reserve vacancies by relaxing general qualifying standard.
Please note, the reserve categories candidates, belongs to SC,ST, OBC, who are are not avail any relaxation, had scored general qualifying marks will not be recommended against vacancies advertised for reservation of SC, ST, OBC.
Further, commission maintains a reserve list/waiting list of candidates which will include candidates from general and reserved categories ranking in order of merit below the last recommended candidate under each category.
(4) What is recommendation?
Commission recommends the candidates against the number of vacancies category wise (through main list) and then from reserve list against the non joining candidates of the respective categories.
(5) Is Selection and recommendation having same meaning?
Ans : No.
Because all the candidates selected in selection process will not be recommended. As example, few candidates of Reserve panel will not be recommended when no more vacancies, due to non- joining, are created latter on.
(6) All the selected candidates will be recommended or not?
Ans : No.
Few candidates selected and were placed reserve list will not be recommended if no more vacancies due to non-joining of main list latter created.
(7) Is Main list earlier selection and Reserve list is latter selection?
Ans : No.
Reserve list/Waiting list got already selected with Main list. But reserve list was not published out to public at that time. It is operated on receipt of formal request from department/Ministry. Hence, all the candidates of main list and reserve list are from same selection.
(8) How seniority is fixed of all the recommended candidates?
Seniority will be determined in order of merit in a selection i.e in order of aggregate marks.
(9) Can Waiting list candidates get better seniority than main list?
The candidates of reserve list who were selected without any relaxation, having higher marks than main list reserve categories belongs to SC ST OBC, will be placed higher in seniority as per their merit position in Merit list initially drawn by commission. Hence, seniority list of all the candidates including reserve list/ waiting list will be prepared on order of marks.
(10) Is seniority of a candidate dependent on order of recommendation by commission?
Ans. No.
Recommendation of candidates in a selection dependent on various factors, like vacancies of a category, antecedent issue, even some time court cases against a candidate, court case to a category/categories (UR SC ST OBC). Only Merit/ Marks are yardstick of seniority of the candidates in a particular selection.
mohan
(Querist) 28 August 2022
1.Question : They / reserve panel candidates were not Born , how they can get Seniority at that time ?
Ans : Candidates from reserve panel already were born.
Born means in which respect?? Date of advertisement OR date of examination OR date of appointment after fullfil ment of all criteria of the overall selection procedure for the vacancy advertised OR date of joining ?
Date of joining is not considered for seniority of Directly recruited candidates for the batch of a particular vacancy advertised by UPSC as per Dopt OMs .
Vacancy is filled from the reserve panel( Waiting list) recommended by the UPSC against the same recruitment notification shall not be treated as a fresh vacancy and belongs to the same batch of recruited candidates. ( As per DoPT OM DOP&T’S OM 41019/18/97 - Estt. (B), dated 13 June 2000).
Joining of candidates depends on various formalities , antecedent verification , medical fitness etc. For direct recruitment, Merit of the candidates in the examination / particular batch is only criteria of seniority.
Candidate cannot be faulted for his delayed appointment as it was for reasons beyond his control or for that matter beyond the control of any of the Respondents herein.The list of selected candidates from main list was only provisional and not the final list of appointment for the particular vacancy advertised and not the final list of overall selection process and also their selection was subject to the conditions laid down . Hence, if any candidate did not fulfill any condition mentioned therein viz., if the person’s selection did not withstand Police verification, medical fitness and verification of all required documents by the respondents would be cancelled.
Hence, in a overall selection process, a candidate placed in Main list but failed in further selection criteria like medical fitness , antacedent verification may be considered that he was ultimately not got selected, failed , not fit, and never filled the vacancy raised by that advertisement. Further, Non willingness of candidates after qualifying the UPSC exam by Main panel /1st list and non willingness to take part in the examination of antacedent verification, medical fitness may be considered failed in the overall selection process and he was ultimately not got selected, failed in the selection , not fit, and never filled the vacancy raised by that advertisement .
Petitioner/ reserve panel candidate was qualified the exam and was also available along with the main list candidates . Petitioner Infact a victim of the circumstances that arose at the relevant time / victim of circumstances of overall process of final selection and appointment when he qualified in the examination. (Ref . One HC order)
( Note : By the way, date of joining was not considered by respondents for the prepared seniority list by them , see date of joining of all candidates and their Seniority)
2. Questions : Selection of reserve panel was not 1st attempt and reserve panel (waiting list)selection is second attempt :
Ans: All candidates are from same attempt of the examination and interview.
Candidates selected by reserve panel cannot be considered by fresh vacancy or carry forward vacancy as per Dopt OM. They are selected in the original vacancy in place of non joining/ non interested main panel candidates or candidates who are not qualified in verification stage like medical fitness and police antecedent verification.
Hence, 1st attempt or 2nd attempt logic is a wrong depiction for the Direct recruitment candidates in a batch/ same examination.
If any court orders with respect to above terms is existing, that is for case specific situation but not universal.
mohan
(Querist) 21 December 2022
Honorable CAT, Bangalore Bench, O.A./698/2019 case filed by  RAMIREDDY GANGIREDDY and  O.A./920/2019, Case filed by Kiran B.Â
Both instructed the ESIC to revise seniority list and fix the seniority of all the candidates irrspective of Main list , Waiting list/reserve panel , date of joining as per Marks secured in the selection/examination.
mohan
(Querist) 22 December 2022
Honorable CAT, Principal Bench, New Delhi to O.A./1715/2017 KRISHNA MURARI VS EMPLOYEES STATE INSURANCE CORPORATION instructed the ESIC to revise seniority list and fix the seniority of all the candidates irrspective of Main list , Waiting list/reserve panel , date of joining as per Marks secured in the selection/examination.
Sudhir Kumar, Advocate
(Expert) 22 December 2022
OA O.A./1715/2017 is based on an earlier decided case in O.A./130/2020 which seems identical in this case. Other two cases of Bangalore Bench quoted by you also express similar stand. What you had been waiting for so far.
mohan
(Querist) 09 May 2023
Honourable CAT Mumbai Bench ,OA 376 of 2019, order date 8th march, 2023 to revise seniority list and fix the seniority irrespective of Main list or waiting list/reserve panel as per Marks secured in the selection/examination. order attached.
