Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law - Seniority - Effective date of advice - Determination |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law - Seniority - Effective date of advice - Determination of - Held: Seniority is determined on the basis of effective date of advice - Advice is based on the list prepared by the Public Service Commission on the basis of comparative merit in the selection and on the basis of principles of communal rotation - Appointment is made pursuant to the advice - On facts, as regards respondent's grievance to be entitled to be advised from the rank list , High Court rightly held that respondent should have been advised at least after the last advice as on the date of the judgement and that the seniority of all those candidates advised and appointed already should not be disturbed - Respondent entitled to take a position below the 83rd candidate for the purposes of seniority, having regard to the next advisable vacancy, which is the effective advice - Immediate senior to respondent was advised on 05.01.1998 and was appointed in the cadre of Excise Inspector thereafter - Thus, respondent is entitled to get the advice after the last advice from the 1992 list i.e. 05.01.1998, which is the effectively advisable vacancy for the respondent - Respondent entitled to his seniority based on the effective date of advice in the next advisable vacancy namely, 01. 04.1999 - On the basis of the revision of seniority, respondent to be given the appropriate appointments and promotion - Kerala State and Subordinate Service Rules, 1958 - r. 27. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 972 |
Petitioner | K. R. Babu |
Respondent | State Of Kerala & Ors. |
SCR | [2017] 8 S.C.R. 310 |
Judgement Date | 2017-09-21 |
Case Number | 7489 |
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