• Inter-se seniority of direct recruit and promotee

Sir, in one of the central govt. undertaking vacancy to fill up certain posts was advertised in the year 2005. after conducting written test in 2005 ,the process was scrapped.Again the vacancy to fill up the same no of post re advertised in the year 2008.written test was conducted in 2008 itself,however interview was conducted in the year 2009 and after completing the formalities in the month of june 2009 appointment letters were issued in the month of June 2009 and the persons recruited actually joined in August 2009.Now the question comes about their seniority/ panel year of referred direct recruit and inter-se seniority with the promotees.In the year 2012 precisely on 27.11.2012 in a case i.e. Union of India vs. NR Parmar, Supreme Court of India delivered a judgement followed by a DOPT office memorandum dated 04.03.2014 about the panel year and inter-se seniority of direct recruits.Please advise that person directly recruited in the referred   process will get their seniority/panel year from 2005/2008 or 2009?
Asked 1 year ago in Civil Law from Chandigarh, Chandigarh
A. As per the Government Official Memorandum dated 03.07.1986 clarified that while the inter-se seniority of direct recruits and promotees is to be fixed on the basis of the rotation of quota of vacancies, the year of availability, both in the case of directs recruits as well as the promotees, for the purpose of rotation and fixation of seniority, shall be the actual year of the appointment after the declaration of the results and selection and completion of pre appointment of formalities as prescribed.

B. It is further clarified that when appointment against unfilled vacancies are made in subsequent year to years either by direct recruitment or promotion, the persons so appointed shall not get seniority of any earlier but should get the seniority of the year in which they are appointed on substantive basis. The year of availability will be the vacancy year in which a candidate of the particular batch of selected direct recruits or an officer of the particular batch of promotees joins the posts/service. It is acknowledged in OM No.20011/2006 dated 03.03.2008.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1) DOPT office memorandum dated 4/3/2014  clarifies that  the conferment of seniority would be against the Recruitment Year inwhich the recruitment process is initiated for filling up of the vacancies

2) the said office memorandum has been issued following supreme court judgement in parmar case 

3). Recruitment 'with regard to direct recruits would mean the year of initiating the recruitement 
process by way of sending the first requisition for filling up of the vacancies made  to recruiting agency 

4) persons recruited would get seniority from 2005/2008 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
A. The fundamental principles of inter se seniority of direct recruits and promotees in Central Civil Services/posts were laid down in the Department of Personnel & Training (DOPT) O.M. No. 9/11/55-RPS dated 29.12.1959 which provided, Inter alia, that the relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees, which shall be based on the quotas of vacancies reserved for direct recruitment and promotion respectively, in the Recruitment Rules.

B. The matter has been examined in pursuance of Hon’ble Supreme Court Judgment on 27.11.2012, in Civil Appeal No. 7514-7515/2005 in the case of N.R.Parmar vs. UOl & Ors in consultation with the Department of Legal Affairs and it has been decided, that the manner of determination of Inter-se-seniority of direct recruits and promotes would be as under:
a) DoPT OM No. 20011/1/2006Æstt.(D) dated 3.3.2008 is treated as non-existent / withdrawn ab initio;
b) The rotation of quota based on the available direct recruits and promotees appointed against the vacancies of a Recruitment Year, as provided In DOPT O.M. dated 7.2.1986/3.07.1986, would continue to operate for determination of inter se seniority between direct recruits and promotees;
c) The available direct recruits and promotees, for assignment of inter se seniority, would refer to the direct recruits and promotees who are appointed against the vacancies of a Recruitment Year;
d) Recruitment Year would be the year of initiating the recruitment process against a vacancy year;
e) Initiation of recruitment process against a vacancy year would be the date of sending of requisition for filling up of vacancies to the recruiting agency in the case of direct recruits; in the case of promotees the date on which a proposal, complete In all respects, is sent to UPSC/Chairmarn-DPC for convening of DPC to fill up the vacancies through promotion would be the relevant date.
f) The initiation of recruitment process for any of the modes viz, direct recruitment or promotion would be deemed to be the Initiation of recruitment process for the other mode as well;
g) Carry forward of vacancies against direct recruitment or promotion quota would be determined from the appointments made against the first attempt for filling up of the vacancies for a Recruitment Year;
h) The above principles for determination of inter se seniority of direct recruits and promotees would be effective from 27.11.2012, the date of Supreme Court Judgment in Civil Appeal No. 7514-7515/2005 In the case of N.R. Parmar Vs. UOl & Ors
I) The cases of seniority already settled with reference to the applicable interpretation of the term availability, as contained in DoPT O.M. dated 7.2.86/3.7.86 may not be reopened.
C. As the conferment of seniority would be against the Recruitment Year in which the recruitment process is initiated for filling up of the vacancies, It is incumbent upon all administrative authorities to ensure that the recruitment process is initiated during the vacancy year itself. While requisition for filling up the vacancies for direct recruitment should be sent to the recruiting agency, complete in all respects, during the vacancy year itself, the timelines specified in the Model Calendar for DPCs contained in DoPT O.M. No.22011/9/98-Estt(D)dated 8.9.98 and the Consolidated Instructions on DPCs contained In O.M.No.22011/S/86-Estt(D) dated April 10, 1989 should be scrupulously adhered to, for filling up the vacancies against promotion quota.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
An employee cannot claim seniority from the period when he was actually not employed.  The judgment referred by you is very clear in its verdict about this opinion. 
Therefore it implies that the seniority shall be reckoned from the date of eligibility i.e., after being employed successfully. 
You may discuss the issue with the service law practicing lawyer in your locality with full details so that you can get more ideas to proceed if you are affected. 
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
1. In your case, the seniority will be calculated from the date of your joining the organisation and no tfrom the date when the posts were first advertised, you wrote the papers or were interviewed,

2. The Supreme Court judgement which you have referred is  not applicable on you.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
The test conducted in 2005 was scrapped subsequently, according to you. So no rights flow out of the process which was scrapped. As a corollary thereto, the seniority list has to be drawn up from the process which culminated in the issue of appointment letters. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0