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With regards to fixation of our seniority

(Querist) 10 January 2014 This query is : Resolved 
Sir,
I would like to know that how to fix the seniority of government with details given below:
1. I am working in the central govt. since March 1996 as Technical Assistant as scheduled caste candidate.
2. I have got promotion on 18.12.2002.for the post of Sr. Technical Assistant
3. In the year 2006 there two posts was lying vacant for the post of Jr. Technical Officer which is under feeder cadre, one was reserved for scheduled caste candidate and likely to be filled through direct recruitment other was for general post and likely to be filled through promotion.
4. In the year 2009 there one post was lying vacant for the post of Jr. Technical Officer one was also reserved for scheduled caste candidate and likely to be filled through promotion.
5. In the year 2010 two posts was again lying vacant for the post of Jr. Technical Officer which is under feeder cadre, one was reserved for OBC candidate and other was for general post. Both the post is likely to be filled by direct recruitment.
6. In the year 2011 there one post was again lying vacant for the post of Jr. Technical Officer for general candidate under promotion.
7. In the year 2010 one post was filled which is for general candidate of 2006 and reserved vacancy was not filled due to malafied intention and an office order was issued and the reserved vacancy was filled after revival.
8. JTO vacancy of 2009 was also not filled due to malafied intention and this vacancy along with vacancy of 2011 was filled after the direction given by the ALLAHABAD CAT
9. Two vacancies of JTO of 2010 were advertised from UPSC in the Jan 2012 and one vacancy of general candidate was filled July2012and vacancy of OBC was NFS at UPSC level.
10. After all mentioned above story I have challenge in ALLAHABAD CAT to fill the vacancy of 2006 in Nov.2012. I have granted stay order to fill the vacancy of 2006 first, till then UPSC recommended candidate shall not give effect. Stay order was vacated by the department on Aug.2013 and recommended candidate has join on Sept.2013
11. After the service the stay order department has taken action and the vacancy of 2006 was advertised from UPSC on 27.08.2013 and I have selected for the post of JTO through UPSC.

Now I would like to know from all of you, how to fix my seniority, my case is still pending. If the department is not able to fix my seniority then can I challenged to fix my seniority. Is there any ruling with to fix the seniority of such a peculiar case?

Yours truly
Narendra Dev
STA (ST)
NSI/Kanpur

krishna mohan (Expert) 13 January 2014
It is not clear whether you have joined the new post from 27.8.2013 or which date. Normally seniority is personal to incumbent and it is understood your new post is direct recruitment basis. If yes then seniority will be from the date of joining your new post. Also not clear how seniority is related to date of vacancy.
T. Kalaiselvan, Advocate (Expert) 13 January 2014
Yes, Mr. Mohan has rightly advised you, please answer his questions.


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