2017 (5) TMI 491 - ALLAHABAD HIGH COURT

Final seniority list for the cadre of Assistant Commissioner, Commercial Tax - Held that:- Inter se seniority in a particular service has to be determined as per the service rules. The date of entry in a particular service or the date of substantive appointment is the safest criterion for fixing seniority inter se between one officer or the other or between one group of officers and the other recruited from different sources.

Any departure in the statutory rules, executive instructions or otherwise must be consistent with the requirements of Articles 14 and 16 of the Constitution.

The seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively.

The promotion takes effect from the date of being granted and not from the date of occurrence of vacancy or creation of the post.

Appointment be issued in "order as it stood in the cadre from which they are promoted".

Unless there is specific rule entitling the applicants to receive promotion from the date of occurrence of vacancy, the right of promotion does not crystallize on the date of occurrence of vacancy and the promotion is to be implemented on the date when it is actually effected by way of appointment (in case of sealed cover procedure when the recommendations are kept in sealed cover awaiting the outcome of the disciplinary proceedings, promotions have to be retrospectively made with or without financial benefits subject to decision of the appointing authority.