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Seniority in service in absence of merit list Seniority in service in absence of merit list

10 months ago

There are two persons appointed through the same advertisement for the same post. The DOPT rule says, "The relative seniority of all direct recruits is determined by the order of
merit in which they are selected for such appointment on the recommendations of
the U.P.S.C. or other selecting authority, persons appointed as a result of an earlier
selection being senior to those appointed as a result of subsequent selection. " But if the term "merit list" is not mentioned anywhere and its simply a Serial number like:
1. ABCD
2. XYZ
Then in this case who will be senior ?

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

The DOPT Rule as stated by you in your query is very much clear and transparent and leaves no ground to be challenged in the absence of specific words "merit list". The proper interpretation of the contents of the promotion rule clearly shows that the " seniority of all direct recruits is determined by the order of merit ..........ended with ................persons appointed as a result of an earlier selection being senior to those appointed as a result of subsequent selection". So, in the absence of a word "merit list" cannot nullify the promotion policy even if it is litigated upon.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

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A.Dear client,
the following criteria shall be considered in evaluating seniority
i. Chronology of recommendation letter;
ii. Where the date of recommendation letter is same, chronology of interview board reports’, and
iii. Where both (i) and (ii) are also same, then the chronology of requisition made by the respective Ministries/Departments.
It is pertinent to also mention here that in case of recruitment through examination, the
date of publication/announcement of the results shall remain the criteria.
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