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M. K. Ojha   12 September 2024

Determination of seniority of direct recruits

An organization published an advertisement for recruitment, in which two nos. vacancy list published i.e., current vacancy, backlog vacancy. Accordingly, a common written examination was conducted and selection lists published for both the vacancies separately on the same date. After document verification and medical checkup, appointment orders were issued to selected junior engineers for both current & backlog vacancies on same date. Also, two nos. mark list i.e., for current vacancy & backlog vacancy of the appeared candidates has been published on the website. In the Advertisement, it was written that Backlog vacancies will be filled up first. Thereafter, current vacancies will be filled up.

Now, organization has published a seniority list of the selected candidates in which backlog list candidates with less merit have been considered as senior most against the current list merit candidates who have secured the highest mark in the recruitment examination.

Backlog vacancies will be filled up first, that does not mean backlog list candidates with less merit have been considered as senior most against the current general (open category) candidates who have secured the highest mark in the recruitment examination.

So my queries are as follows:

(i) The method adopted by the organization for preparation of seniority list is correct? If, correct, please furnish the appropriate Dopt order which stated that “backlog list candidates with less merit have been considered as senior most against the current general (open category) candidates” as in the advertisement it was written that “Backlog vacancies will be filled up first”.

As per Dopt orders, govt of india, seniority will be based on the merit list , without distinguishing between backlog and current vacancies.



Learning

 5 Replies

P. Venu (Advocate)     13 September 2024

It is the settled law that in respect of employees selected through a common process, seniority will be based on merit.

You may represent to the higher authorities and need be, seek remedies before the judicial forums.

1 Like

T. Kalaiselvan, Advocate (Advocate)     13 September 2024

You can always represent the matter to the competent authority through proper channel venting out your grievances seeking remedy and releif if you are aggrieved. 

1 Like

M. K. Ojha   13 September 2024

Thanks for quick responce. But it is to mention here that i have been trying repeatedly to represent the matter to the competent authority through proper channel but no result. what to do now?

P. Venu (Advocate)     14 September 2024

Repeated representations are superfluous. In case the representation is considered within reasonable time, you need to approach the appropriate or judicial forum ie. the High Court/Administrative Tribunal.

1 Like

Sudhir Kumar, Advocate (Advocate)     15 September 2024

 Your grievance

 

“Now, organization has published a seniority list of the selected candidates in which backlog list candidates with less merit have been considered as senior most against the current list merit candidates who have secured the highest mark in the recruitment examination.”

 

 

Before entering the problem it has to be seen that :-

 

1, backlog vacancies are from the previous years and the incumbents of these posts will have to be senior to subsequent years.

 


2. No candidate can be considered for back who would not have been eligible for back log vacancies had the vacancies been advertised in time (i.e. who did not have the qualification/minimum age  when vacancy arose.

 

Please eamine from tha angle.

 

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