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RAJESH BINDAL, VIJAY BISHNOI
M. Thanigivelu – Appellant
Versus
Tamil Nadu Electricity Board – Respondent
| Table of Content |
|---|
| 1. overview of appeals concerning inter-se seniority. (Para 2 , 3) |
| 2. summary of high court's findings on seniority. (Para 4 , 5 , 6) |
| 3. arguments on behalf of the board. (Para 7 , 8 , 10) |
| 4. arguments on behalf of internally selected candidates. (Para 12 , 13) |
| 5. analysis of board proceedings relevant to the case. (Para 15 , 18) |
| 6. conclusion and order allowing appeals. (Para 19 , 25) |
| 7. court's reasoning on how seniority should be determined. (Para 21 , 22 , 23) |
JUDGMENT :
1. Leave granted.
3. Briefly, the facts relevant to the issue under consideration, as pointed out by the learned counsel for the parties at the time of hearing, are as follows.
3.2. Vide Board Proceeding6[For short, ‘BP’] No.29 dated 27.11.2000 issued by the Board, written examination was introduced for the selection to the post of AE on direct recruitment basis. Vide another BP No.39 issued on 04.12.2000, for carrying out selection for the post of AE, even for internal candidates, a written examination was proposed. Prior to that, on 03.11.2000, the Board had called for information regarding eligible candidates for appearance in examination for the internal selection quota. It was for the purpose of cons
The court affirmed that the seniority of direct recruits is determined from their date of appointment and training, and not from when their probation commences, countering the High Court's earlier de....
Seniority – Date of entry in a particular service or date of substantive appointment is the safest criterion for fixing seniority inter se between one officer or other or between one group of officer....
The court established that training periods for direct recruits are not counted as service until successful completion, impacting seniority rights.
Inter-se seniority between direct recruits and promotees must be determined based on timely actions and adherence to procedural rules, with promotees prioritized when appointments are made simultaneo....
Seniority – Inter-se seniority between promotees and direct appointees – As far as posts of Income Tax Inspectors are concerned, principle of rota and quota or rotation of quota will apply.
Rule 10(a)(i) of the General Rules have to be ranked below TNPSC candidates irrespective of the date of appointment of such TNPSC candidates and special absorption rules candidates.
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