Retrospective Seniority Cannot Be Claimed From A Date When An Employee Is Not Even Borne In Service

Key Takeaways

• The verdict “Retrospective seniority cannot be claimed from date when the employee is not even borne in service” was identified by the Apex Court against an appeal filed by the Bihar Government asserting the decision of the Patna High Court allowing the plea filed by a resident demanding Retrospective Seniority.
• Retrospective Seniority can only be appointed if the Court gives such direction or through applicable rules which are expressed.
• An employee is entitled to such seniority when he joins the service and is not earned.

Background

• The facts of this case would incorporate that a person was working as a home guard and after his death caused by harness, the son applied for compassionate appointment.
• The committee had shortlisted his name along with others in 1985. However, he could not meet the physical requirement and he challenged this in High Court.
• He was then appointed by the order of the Commandant of Bihar Home Guard on February, 1996 in Class IV category.
• In 2002, after six years of service he claimed the seniority benefit for 10 years. The court denied such claims of seniority.
• This rejection was challenged by the Patna Court.

Courts Observation

• The court remarked that he was making such claims for 10 years without even working for a single day during that period.
• The man was appointed on 1996 and he was not even borne in service as of 1985.
• Seniority benefits can only be acquired after the person joins the service and such claims can be unfair to other employees who has been working from the 1985-1996.
• The court also pointed out that there has been an error on the part of the High Court to grant the appointment on grounds retrospective seniority to the respondent.

Courts Order

• The court ordered the state to make another appointment within one month and such appointment should not have a retrospective seniority effect. The appointment should be made on selection and on compassionate appointment.

Do you think that making such claims of seniority benefit is ethically and professionally correct? Is Retrospective Seniority is being used by a person to feather his own nest or not? Is compassionate appointment a supremacy?