Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law : Seniority-Fixation of-Service rendered in other departments- Reckoning of-For determination of seniority-Employee while working as Senior Auditor in Revenue and Excise Department was transferred to labour Department despite his unwillingness-He never agreed to the condition imposed by the Labour Department that his seniority would be determined from the date of his joining that Department-His request for being reverted to parent department not granted-Held: Employee entitled to seniority in Labour Department from the date of his joining as Senior Auditor in the Revenue and Excise department-His promotion also directed to be given on notional basis and retrial benefits re-calculated. The appellant, while working as Senior Auditor in the Revenue and Excise Department, was relieved and forced to join as Senior Auditor in the Labour Department despite his unwillingness. The appellant had never agreed to the condition imposed by· the Labour Department that his seniority would be determined on the basis of his date of joining the Labour Department. The appellant's request for being reverted to his parent department was not granted. In the seniority list prepared by the Labour Department the appellant was shown as junior to the respondents. The State Administrative Tribunal dismissed the petition filed by the appellant. Hence this appeal. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1998 INSC 16 |
Petitioner | Anand Chandra Dash |
Respondent | State Of Orissa And Ors. |
SCR | [1998] 1 S.C.R. 81 |
Judgement Date | 1998-01-13 |
Case Number | 3022 |
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