TMI Blog2012 (4) TMI 481X X X X Extracts X X X X X X X X Extracts X X X X ..... Held that:- Appointment to a higher category, even by promotion, is not a vested entitlement. It is also the vested right that among the persons in the field of choice, seniority will apply unless the junior has certain other grounds for marching over the priority based on seniority that may be available to an admitted senior. In present case, petitioners do not have any claim that any person jun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st of Senior Tax Assistants only in February, 2009, they could not have been considered for promotion to that category before 1.1.2010. Going by the affidavit of the establishment, following the order dated 17.1.2012, it is now clear beyond any doubt that 21 vacancies were identified as available as on 1.1.2010 and that vacancy list is to operate during the vacancy year 2010-2011 i.e., to say from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntment to the higher category by promotion is taken up. It is also the vested right that among the persons in the field of choice, seniority will apply unless the junior has certain other grounds for marching over the priority based on seniority that may be available to an admitted senior. In the case in hand, we have already noted that the petitioners do not have any claim that any person junior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be reckoned with effect from 1.4.2010 and the expiry of two years should be reckoned from that date. Applying the principles that we have noted above, the period could start operating for being counted as service only from the date of actual promotion. It cannot be predated to the commencement of the period from which the vacancy list would operate. This plea also fails. In the result, the ori ..... X X X X Extracts X X X X X X X X Extracts X X X X
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