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1981 Supreme(Ker) 100

P.JANAKI AMMA, K.BASKARAN, P.SUBRAMONIAN POTI
VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The question arising in both these Writ Appeals is the same. It is an interesting question the decision on which may be of some consequence not only to the parties to these cases but to others similarly placed in the Civil Service of the Stats. The question concerns the right of juniors to promotion to existing vacancies before the promotion of their seniors when the juniors satisfactorily complete their period of probation a few days earlier and that only on account of the fact that the juniors were able to join service earlier than the seniors. The seniority of persons appointed on the advice of the Public Service Commission is determined not by the respective dates of joining duty but by the date of first advice. It may happen that under the same order of advice many may be advised and in such a case the seniority will depend upon the ranking in the order of advice. Some of those advised may be nearer the place of duty so much so they could join duty earlier than the others in the same advice list occupying higher ranks therein. When such juniors complete their probation a few days earlier than their seniors because of the circumstance indicated, could they claim














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