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2015 (9) TMI 1567 - Tri - Companies LawPower to make appointments - seniority - Held that:- In the present case, it is not in dispute that the applicant in OA 3672/2011 was appointed as direct recruit ahead of respondent Nos. 3 to 6. Merely because her appointment was made in relaxation of the rules, the candidates appointed subsequent before her appointment cannot question her right to fixation of seniority in accordance with the existent instructions. As far as the claim of the applicants in OA 4299/2012 and 2064/2012 for fixation of their seniority with reference to their position in the select list is concerned the position is regulated by the provisions contained in para 2.1 of DOP&T OM dated 3.7.1986 (ibid). Once there was no delay on part of the applicants in the said OAs in joining the service, they cannot be denied the benefit of seniority with reference to their position in the select panel. In the light of the above discussion, we direct that the Applicants would be eligible for appointment to the post of Medical Officer (Ayurvedic) from the date three other persons selected alongwith the Applicants were appointed. They will not be entitled for back wages but the period will not counted for increments and their pay will be fixed at the time of joining by adding the increment they would have earned, had they joined their service from the retrospective date. It would also count towards seniority of the Applicants. The Applicants would be entitled to be placed in the pension scheme, which was applicable in 2003, i.e. the pension scheme of 1972. The aforesaid directions would be complied with within four months from the date of receipt of a certified copy of this order. The applicant in OA 3672/2011 (Ms. Sunita Rao) would be entitled to seniority above all those who were directly recruited/promoted as School Inspector (General) (F) after her joining/ appointment.
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