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Dhirendra Singh (Manager)     28 November 2014

Inter se seniority between direct recruits and promotes

Hon'able Supreme court has given a land mark judgement in N R Parmar case  that the seniority of direct recruits will fixed from date of initiation of process for recruitment. DoPT have also issued an order for the same in march 2014.now delay in process of recruitment can be compensated with the seniority at least .it will also stop to misuse powers given to organisations/departments for recruitment to give undue advantages to departmental promotes.

however still some PSU are not following the guidelines issued by DoPT by saying that DoPT orders can not be implemented in PSU. they need DPE guidelines & DPE have not issued any guidelines in this issue. PSU are also not implementing Apex court judgement by saying this Judgement is case specific.

But ,if this judgement is case specific then why DoPT have changed his rules of seniority & issued general guidelines.

whether apex court order who defines & elaborate the inter seniority rules given in DoPT order 1986 & 2008 ,are not binding on each & every department i.e. Central and Public sector undertakings? 



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     01 December 2014

Thanks for the information,as rightly observed by expert Mr. Sudhir Kumar, the matter was already discussed.

Amit Mishra   18 May 2020

What is the standing position in this matter? Is the guidelines settled by NR Parmar vs UoI applicable to Airports Authority of India?

Sudhir Kumar, Advocate (Advocate)     02 June 2020

after this judgemetn there is another judgement altering the principle.

Amit Mishra   02 June 2020

@Sudhir sir, could you please share reference and new rule position established?


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