Honble Apex Court in Union of India vs. Smt. Sadhana Khanna (supra), in which judgment was pronounced by the Honble Apex Court on 14.12.2007 (Annexure A-4). In her case, Smt. Sadhana Khanna had, after her selection as a Direct Recruit Assistant against the Select List Year 1981-1982, been issued a letter offering her appointment on 05.07.1983, which was after 01.07.1983, the starting date of the Select List Year 1983-84, from which date the eligibility for her promotion was to be counted, and she had actually joined as Assistant on 13.07.1983. Holding that her regular service of 8 years in the grade of Assistant was short by a period of 12 days, her case had not been considered as on 01.07.1991 for promotion to the post of Section Officer from the grade of Assistants under the seniority quota, which is on non-selection basis, based only on seniority. The Honble Apex Court had then pointed out that in fact in the case of some of the candidates, who were junior in the merit list of the Recruitment Examination to the said respondent Smt. Sadhana Khanna, such juniors of hers were issued letters offering them appointment prior to 01.07.1983, and they could, as a result, therefore, join before or on the date of 01.07.1983, the date of commencement of the Select List Year 1983-84, from which date the eligibility was to be counted, and it was only the respondent-department, which was to be blamed for sending her belatedly the letter offering her appointment after 01.07.1983, and, therefore, it was the Department which alone was to be blamed for that shortfall of 12 days in her qualifying service.
11. The Honble Apex Court observed that in terms of the above cited Office Memoranda dated 18.03.1988 (supra) and 19.07.1989 (supra), the gap of 12 days in the case of Smt. Sadhana Khanna was also to be considered for enabling her promotion, as, otherwise, a very incongruous situation would arise, inasmuch as the juniors will be considered for promotion, but the senior will not be considered. With these observations, the Honble Apex Court had found no merit in the appeal of Union of India, and had dismissed the appeal.