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sumit jha   04 October 2023

Regarding seniority

Sir, I am selected  in EPFO through direct  selection. I was recommended through Reserve list (waiting list). I am UR( general unreserved candidate) . My marks/ merit is far better than category (SC, ST, of many OBC) candidates of initial /main list. My Rank given by EPFO in the exam also better than the above said category candidates, . So , When my seniority will be determined than I will be placed as per my merit and Rank in the selection or because if waiting list / reserve list my  seniority will be determined at lower position. I came to know that there is right to get opportunity in  selection time by principle of  reservation (SC,ST,OBC) but  reservation criteria does not  get  opportunity to a particular cadre/grade/service  in seniority . For seniority,in the Examination will be considered.  Please give your valuable suggestions on seniority of reserve list/waiting list candidates. further it is also pertinent to mentioned that my appointment was issued after 1 year and i have joined. Now after 10 years i relized the my seniority was wrongly fixed what should i do 
 



Learning

 1 Replies

Vanya Garima Kachhap   18 November 2024

Hello Mr Sumit Jha,

I have gone through your query and fully understand your situation. Allow me to offer some advice that I believe will be helpful to you.

As per Article 16 of the Indian Constitution your seniority should ideally be based on your rank in the selection and  not on the fact that you were in the reserve list. There are cases like Ajit Singh(II) v. State of Punjab (1999) where it was ruled that merit determines seniority even for the candidates on the reserve list.

If the delay in your appointment wasn’t your fault then it should not impact your seniority. This aligns with the core principles in cases like. Union of India v. S.K. Goel.

You can file a representation to EPFO explaining the error and citing your merit rank along with relevant judgments.

If it is still unresolved you can approach the Central Administrative Tribunal (CAT). The claims about seniority errors may still be pursued if it is a continuing issue.

Thank you for reaching out to us, please feel free to ask any follow up questions that you may have.

 


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