AI Overview...
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Counting of Training Period - Courts and authorities generally recognize that training periods undertaken under old or new rules can be counted towards seniority, provided the rules or specific rulings support such inclusion. For example, the government’s stance in O. Venkat Raman Reddy VS Government of Goa, through the Chief Secretary and others. . . - Bombay is that training after the new rules came into effect should be counted, but training under old rules is also considered for seniority purposes.
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Ad Hoc Service - Courts have held that ad hoc service can be counted towards seniority if supported by relevant rules or court directions. In State of Haryana VS Vijay Singh - Punjab and Haryana and Surindra Kumar Mishra () VS State Of Haryana - Punjab and Haryana, courts directed the counting of ad hoc periods for seniority, emphasizing the importance of consistent application of rules and judicial directives.
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Training Period for Direct Recruits - The general consensus, as seen in S. M. DUBEY VS STATE - Gujarat and State Of H. P. VS J. L. Sharma - Supreme Court, is that training periods for direct recruits are not considered service for seniority unless explicitly provided by rules or specific orders. The 1993 resolution in S. M. DUBEY VS STATE - Gujarat declared that two years of training cannot be counted as service, reaffirming that training is not automatically included in seniority calculations.
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Interpretation of Rules and Instructions - Courts have emphasized the need to interpret instructions and rules carefully. In Suraj Ram Sharma VS State Of Himachal Pradesh - Himachal Pradesh and Suraj Ram Sharma VS State of Himachal Pradesh - Himachal Pradesh, courts discussed how instructions issued at different times influence the counting of training periods and seniority, highlighting that delays or procedural lapses can impact seniority rights.
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Special Cases (e.g., Army Service) - Ex-servicemen's cases, such as in V. K. BEHAL VS STATE OF H. P. - Himachal Pradesh, show courts are willing to include military service in civil seniority calculations, provided the rules or orders support such counting.
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Legal Principles and Ratios - The key legal principle is that training periods are generally not counted unless rules or judicial orders specify otherwise. Courts tend to favor the inclusion of ad hoc or prior service when supported by specific rules or directives.
Analysis and Conclusion:
Courts consistently hold that the counting of training periods for inter se seniority depends on the applicable rules, instructions, and judicial directives. Training under old rules may be counted if rules permit, and ad hoc or prior service can be included based on judicial rulings. However, training periods for direct recruits are often excluded unless explicitly provided. The interpretation of instructions and timely challenge of seniority lists are crucial factors. Overall, the legal approach favors a case-by-case analysis, emphasizing the importance of clear rules and judicial clarity in seniority determination.
Search Results for "Judgements on Counting of Training Period for Inter Se Seniority"
1996 0 Supreme(Bom) 636 • India - Bombay
R.M.S.KHANDEPARKAR, T.K.CHANDRASHEKHARA DAS
Rule 8-Seniority-COuntlng to training period-Recruitment under old Rules-Part ... training period spent after coming Into force of new Rules to be counted for purpose of seniority. ... The Government took the stand that since he has been recruited under the old Rules and sent for training, his entire period of training will be treated as under old Rules and he is not entitled for counting his #HL_....
2012 0 Supreme(P&H) 995 • India - Punjab and Haryana
G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
(A) Service Law--Seniority--Ad hoc appointment--A person who is appointed on purely on ad hoc basis for a fixed period by an authority ... counting the ad hoc service cannot be approved--Punjab Educational Service Class III School Cadre Rules, 1955 (As Applicable to ... nbsp;(C) Service Law--Appointment--Ad hoc basis--The respondents, who were appointed as Masters in different subjects, Physical Training ... If the work or conduct of the probationer was found unsatisfactory, the Director could either terminate his/her se....
1994 0 Supreme(Guj) 147 • India - Gujarat
B.N.KIRPAL, R.K.ABICHANDANI
Resolution - Training period of direct recruits computed and revised seniority list published in 1993 - Held, impugned resolution ... In view of our finding that the period of two years training cannot be computed towards seniority of the direct recruits, we delcare ... of two years course that he undertakes is not a service period. ... Therefore not counting the period of two years training in respect of direct re....
2010 0 Supreme(P&H) 2592 • India - Punjab and Haryana
PERMOD KOHLI
They claimed seniority by counting their ad hoc service. ... The court directed the respondents to count the ad hoc period of service rendered by the petitioners towards seniority and entitled ... Fact of the Case: The case involved petitions related to the counting of ad hoc service for determining seniority in ... The issue relates to counting of ad hoc service for the purpose of determination of seniority in the service. ... 2. ... or teacher i....
2018 0 Supreme(All) 1429 • India - Allahabad
B.AMIT STHALEKAR, JAYANT BANERJI
against – Assistant Engineer would be treated as a Trained Assistant Engineer only after he successfully completes the course of Training ... 5.5.2012, respondent Nos. 5 to 12 alongwith several others were appointed on post of Assistant Engineers and after one year successful training ... State Electricity Board Servants Seniority Regulations 1998 – Regulations 2, 3, 4(f), (h) – Electricity (Supply) Act, 1948 – Section ... from 5.5.2012 by counting the period of training undergone by t....
2010 0 Supreme(HP) 1131 • India - Himachal Pradesh
KURIAN JOSEPH, RAJIV SHARMA
Issues: The issues included the basis for drawing seniority, the counting of training period for seniority, and the impact ... It also discussed the interpretation of instructions and rules on training period and seniority. ... on training period and seniority - Court discussed the interpretation of instructions, settled law on seniority challenges, and ... Paul has strenuously ....
2010 0 Supreme(HP) 1024 • India - Himachal Pradesh
KURIAN JOSEPH, RAJIV SHARMA
It also interpreted the rules regarding the counting of training period for seniority and highlighted the impact of delay on the ... The respondents argued that the seniority list was prepared as per the instructions issued on 22.12.1959 and that the training period ... It also highlights the importance of challenging seniority orders within a reasonable period and the impact of delay on the settled ... Paul has strenuously argued t....
2018 0 Supreme(Ori) 831 • India - Orissa
S.N.PRASAD
Ratio Decidendi: The court held that the training period should be counted towards calculating ten years of service, allowing ... Seniority - Railway Protection Force Rules - Rule 72, Rule 63.1 - The court addressed the issue of seniority in the context of ... se seniority should consider the direction passed in a previous writ petition. ... (C) Nos.6671 and 6672 of 2010, inter alia praying therein to allow them to participate in the selection process by including the traini....
1997 9 Supreme 409 • India - Supreme Court
G.B.PATTANAIK, G.N.RAY
(i) Service Law-Seniority-Determination of-Whether a direct recruit will be entitled to count training period for purpose of his ... being counted for purpose of seniority-Tribunal committed serious error of law in holding that training period will be treated to ... It is held that the training period of the direct recruits shall be counted for determining the seniority in the service provided ... It was further urged that under the....
2008 0 Supreme(HP) 544 • India - Himachal Pradesh
DEEPAK GUPTA, V.K.AHUJA
of emergency, and the benefit of seniority by adding the period of service rendered in the Army was unjustified. ... Finding of the Court: The court found that the benefit of counting past army service towards seniority in civil employment ... Final Decision: The court held that the benefit of counting past army service towards seniority in civil employment for ex-servicemen ... The benefit of counting the period of service rendered in the armed f....
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