Sir in case of catch up rules as laid down in Virpal Singh Chauhan case and other various judgements of apex court, I want to get clarification on one point please help me out. I am illustrating an example:- Suppose A, B, C are the three officers as per inter se seniority in their entry grade. A, C are general category candidates while B is a reserved category candidate however selected on merit through a general post. Suppose B gets promotion in 2011 as a roaster point reservations on regular basis leaving behind his senior A and in the mean time in the year 2012 some more new recruits joined the promotional grade and subsequently in the year 2013 his senior A gets promoted but with suppression of him by C having meritorious assessment in select year 2013. Now questions arise here that:- 1. Will only A will regain his seniority above B or C will also maintain his suppression in this catch up rules which is however is not senior to B in entry grade moreover he has been assessed vis a vis A but not with B. 2. Will A be senior to direct recruits of 2012 as A has regained his seniority above B a 2011 promotee as per the rules laid down by apex court. 3. Will B be dragged down to 2013 to maintain inter se seniority and he ll become junior to direct recruits of 2012 though he had promoted in 2011. So what is the actual meaning of catch up and regain. Please clarify with some judgements if any in this regard.
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only A cannot gain seniority over B & C according to Devinder Kaur v. Rani Chadha, but after virpal case this decision is overruled.
In Virpal Singh Chauhan, has held that instruction will be effective prospectively and it will not have retrospective effect hence seniority shall be decided when for the first time catch up rule was introduced.
Sir analyse this case post 1996 and consider their entry in the entry grade as on 01.01.2003 and please go through all points required to be clarified however you can also take help of apex court judgement in Ajit Singh ll case on 16sept1999 especially go through para no 83 which says:- Learned senior counsel Sri K. Parasaran and Sri Raju Ramachandran then adverted to a situation which according to them might create serious problems if a senior general candidate is to be treated as senior at the promotional level if he reaches that level before the roster promotee goes further up. The example given refer to cases where after the roster point promotee (reserved candidate) reaches the promotional level, there is direct recruitment or recruitment by transfer at that promotional level. Counsel submit that, if a senior general candidate is thereafter promoted and placed above the reserved candidate, can he became senior to the direct recruit and transferee? We do not find any anomaly. The direct recruit or transferee who has no grievance against the reserved candidate who was already there can have no grievance against a senior general candidate who has a superior claim, in law, against the reserved candidate. Plz analyse this case as per above para also.