AI Overview...
Legal Considerations for Calculating Seniority from Date of Regularisation or Probation Start
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Inclusion of Training Period - As per Rule 3(b) of the Maharashtra Forest Services Group-B Recruitment Rules, 1998, the training period cannot be included for calculating seniority. This position has been confirmed by the State Government in legal proceedings Nilay Suresh Bhoge VS State of Maharashtra - Bombay, 00400013882.
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Seniority from Date of Appointment or Probation - Generally, seniority is recognized from the date of initial appointment or from the date of successful completion of probation, depending on the specific rules applicable to the service. For example, in Maharashtra Forest Services, seniority is with effect from the date of appointment after probation completion Nilay Suresh Bhoge VS State of Maharashtra - Bombay, GEETALI DOLEY vs THE STATE OF ASSAM AND 3 ORS. - Gauhati.
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Probation Period - Members are placed on probation for a specified period (commonly 2 years), which may be extended for valid reasons. During probation, the period is not counted for seniority unless the rules explicitly state otherwise Kamal Debnath S/o Khitish Debnath vs State Of Assam A - Gauhati, GEETALI DOLEY vs THE STATE OF ASSAM AND 3 ORS. - Gauhati.
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Legal Disputes and Seniority Lists - Courts and tribunals have held that suppressing or manipulating seniority lists (e.g., of temporary or probationary employees) is unlawful. Courts have affirmed seniority rights based on actual dates of appointment or successful probation completion, emphasizing transparency and adherence to rules Shankar Bhimrao Kadam VS Tata Motors Limited - Bombay, Shankar Bhimrao Kadam & Ors. vs Tata Motors Limited - Bombay, SHANKAR BHIMRAO KADAM AND ORS vs TATA MOTORS LTD. - Bombay.
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Retrenchment and Continuous Service - When calculating continuous service for retrenchment or benefits, courts consider the entire period of employment, but probationary periods are generally excluded unless rules specify inclusion Sunil Pralhad Khomane VS Bajaj Auto Ltd. , Akurdi, Pune - Bombay.
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Legal Precedents - Courts have consistently held that seniority should be based on the date of regular appointment or confirmation, and any deviation (such as including training or probation) must be explicitly provided for in the rules Nilay Suresh Bhoge VS State of Maharashtra - Bombay, NILAY S/O SURESH BHOGE vs THE STATE OF MAHA. THR. PRINCIPAL SECRETARY REVENUE AND FOREST DEPT. MUMBAI AND ORS. - Bombay.
Analysis and Conclusion
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Main Point: The calculation of seniority primarily depends on the applicable recruitment or service rules. In most cases, training and probation periods are excluded from seniority calculations unless explicitly included by the rules.
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Legal Insight: The courts have reinforced the principle that seniority is to be determined from the date of appointment or confirmation, not from the start of training or probation, to ensure fairness and transparency.
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Practical Implication: Employers and authorities should strictly follow the relevant rules and avoid manipulations or suppression of seniority lists. Clear documentation and adherence to legal provisions are essential to prevent disputes.
References: - Maharashtra Forest Services Group-B Recruitment Rules, 1998 Nilay Suresh Bhoge VS State of Maharashtra - Bombay, 00400013882 - Court judgments on seniority and probation Shankar Bhimrao Kadam VS Tata Motors Limited - Bombay, Shankar Bhimrao Kadam & Ors. vs Tata Motors Limited - Bombay, SHANKAR BHIMRAO KADAM AND ORS vs TATA MOTORS LTD. - Bombay - General legal principles on seniority calculation Sunil Pralhad Khomane VS Bajaj Auto Ltd. , Akurdi, Pune - Bombay, Kamal Debnath S/o Khitish Debnath vs State Of Assam A - Gauhati, GEETALI DOLEY vs THE STATE OF ASSAM AND 3 ORS. - Gauhati
Search Results for "Legal Considerations for Calculating Seniority from Date of Regularisation or Probation Start"
2024 0 Supreme(Bom) 758 • India - Bombay
VIBHA KANKANWADI, VRUSHALI V. JOSHI
contest among Range Forest Officers - Dispute over calculation of seniority based on appointment date during training vs completion ... of training - State directed to revise seniority list in line with the applicable recruitment rules. ... ) Constitution of India - Article 309 - Range Forest Officer in Maharashtra Forest Services Group-B (Recruitment) Rules, 1998 - Seniority ... It was confirmed that as per Rule 3 (b) of 1998 Rules the training period cannot be included for calculating the se....
2021 0 Supreme(Bom) 135 • India - Bombay
S.C.GUPTE
retrenchment in relation to the employment of temporary workmen; (II) the counting of continuous service within a year; (III) the consideration ... while calculating the amount. ... (In the years before 1984, the Respondent used to appoint workmen on probation, terminate them later and re-appoint them once again on probation; in due course of time many of these appointees were made permanent.) ... (Prior to that, workmen were appointed on probation, then terminated and re-appointed and so on and some we....
2025 0 Supreme(Gau) 922 • India - IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, MALASRI NANDI
Probation and confirmation.- (1) A member of the service shall be placed, according to seniority on probation for a period of 2 years, provided that the period of probation may for good and sufficient reasons be extended by the Governor in individual case for any specified period not exceeding a ... Probation and Confirmation.- (1) Subject to availability of permanent vacancy in the respective cadre, a member shall be placed according to his seniority on probation aga....
2022 0 Supreme(Bom) 507 • India - Bombay
RAVINDRA V.GHUGE
supra), Rajendra Kumar Jagannath Kathar (supra), Ghanshyam Sukhdeo Gaikwad (supra), and Bhojane Gopinath (supra) has now settled legal ... (Prior to that, workmen were appointed on probation, then terminated and re-appointed and so on and some were eventually made permanent.) ... In fact, the management suppressed the seniority list of the temporaries from the Labour Court. ... The workman concerned in that case appealed to the Division Bench, which affirmed the decision of the learned Single Judge, holding that the appellant could not be....
2022 Supreme(Online)(Bom) 329 • India - High Court of Bombay
Ravindra V. Ghuge, J
(Prior to that, workmen were appointed on probation, then terminated and re-appointed and so on and some were eventually made permanent.) ... In fact, the management suppressed the seniority list of the temporaries from the Labour Court. ... The workman concerned in that case appealed to the Division Bench, which affirmed the decision of the learned Single Judge, holding that the appellant could not be given the benefit of weekly-offs whilst calculating 240 days of continuous service. 42. ... However, this Court has directed that the resp....
• India - Bombay High Court
Ravindra V. Ghuge, J
granting rightful tenure - Claims for back wages and reinstatement supported by substantial evidence of systematic practices to evade legal ... (Prior to that, workmen were appointed on probation, then terminated and re-appointed and so on and some were eventually made permanent.) ... In fact, the management suppressed the seniority list of the temporaries from the Labour Court. ... The workman concerned in that case appealed to the Division Bench, which affirmed the decision of the learned Single Judge, holding that the appellant could n....
2024 Supreme(Online)(Bom) 7654 • India - High Court of Bombay
HON'BLE SMT. JUSTICE V. V. KANKANWADIHON'BLE MRS. JUSTICE VRUSHALI V. JOSHI
It was confirmed that as per Rule 3 (b) of 1998 Rules the training period cannot be included for calculating the seniority. In fact the said proposition was also accepted by the State Government in its affidavit filed before the learned MAT in the present matter. ... As regards respondent no.4 is concerned, he has successfully completed the probation and therefore the seniority was with effect from the first day of his appointment. ... If the procedure that was adopted at the time of adhoc promotion was different, then t....
2025 Supreme(Online)(Gau) 7671 • India - High Court of Gauhati
MR. JUSTICE KALYAN RAI SURANA, MRS. JUSTICE MALASRI NANDI
Probation and confirmation.- (1) A member of the service shall be placed, according to seniority on probation for a period of 2 years, provided that the period of probation may for good and sufficient reasons be extended by the Governor in individual case for any specified period not exceeding a ... However, the monetary benefits for the said period shall be calculated notionally for the purpose of pensionary benefits, etc. and for calculating the current pay from the date they are pro....
2022 Supreme(Online)(Bom) 3758 • India - High Court of Bombay
HON'BLE SHRI JUSTICE RAVINDRA V. GHUGE
(Prior to that, workmen were appointed on probation, then terminated and re-appointed and so on and some were eventually made permanent.) ... In fact, the management suppressed the seniority list of the temporaries from the Labour Court. ... The workman concerned in that case appealed to the Division Bench, which affirmed the decision of the learned Single Judge, holding that the appellant could not be given the benefit of weekly-offs whilst calculating 240 days of continuous service. 42. ... However, this Court has directed that the resp....
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