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Kuldeep Sharma (BDM)     18 June 2012

Seniority issue of govt. servant

Sir / Mam,

Miss Suman joined Primary Education Department, Himachal Pradesh as Volunteer Teacher in January, 1992 alongwith other around 6000 candidates.  These candidates, after imparting special training certificate by the govt. of Himachal Pradesh, were regularised on 01-08-1998 collectively. 


Since the date of joining of all the candidates on the date of regularisation i.e. 01-08-1998 is the same for all the 6000 candidates and at the same time there was no other selection critaria or merit (because these candidates were already working as volunteer teachers) hence fixation of seniority has to be on the basis of date of birth of candidates.  That means a person born on 01-01-1960 must be given preference / priority in the seniority list than a person who is born on 01-04-1960.

Sir, I seek your able legal opinion in context with CCA & CCS rules of Govt. of H.P. and Apex Court / High Court orders in this regard.  Kindly guide me thoroughly.


I am just seeking your legal opinion and if I found it appropriate I will take up the matter with the education department.

Regards,

Kuldeep Sharma

Himachal Pradesh



Learning

 3 Replies

Hemang (Advocate)     18 June 2012

It is a good question. Normally, in a service jurisprudence, the reckoning of seniority has to be made with "reference to the date of appointment". When the date of appointment is same, the senior most in age is preferred as senior. However, the Government has issued the guidelines and normative in this behalf. Please go through the attachment. 


Attached File : 752717752 seniority guidelines.pdf downloaded: 159 times

Kuldeep Sharma (BDM)     18 June 2012

The attachment sent by you does not answer my query and is silent on this point for fresh recruits.

Kuldeep Sharma (BDM)     18 June 2012

The attachment sent by you does not answer my query and is silent on this point for fresh recruits.


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