Regional Provident Fund Commissioner v. G. Latchumi
1998-11-19
B.N.KIRPAL, K.VENKATASWAMI
body1998
DigiLaw.ai
ORDER : K. Venkataswami, J. The short question involved in these appeals relates to the date with effect from which the seniority of Respondents 1 to 3 in the post of Head Clerk is to be reckoned. 2. There are two methods of promoting Clerks to the post of Head Clerk. 75 per cent are promoted by selection and 25 per cent are promoted on the basis of a departmental examination. In the instant case, the examination for clearing the backlog of the vacancies for Scheduled Castes and Scheduled Tribes was specially held and results were declared and Respondents 1 to 3 were appointed in the year 1991. The Tribunal, on an OA being filed by the said respondents, had directed that these respondents will reckon their seniority with effect from 3-4-1990 on a notional basis and would be entitled to all consequential benefits legally eligible to them. 3. It appears that prior to the holding of the present examination limited to Scheduled Caste and Scheduled Tribe candidates, the Department had issued circulars dated 26-7-1989, 8-8-1989, 31-10-1989, 3-4-1990, 1-11-1990 and 27-2-1991. Pursuant to the circulars earlier than 3-4-1990, the Scheduled Castes and Scheduled Tribes were not selected and that is what necessitated the holding of a special limited departmental examination for them pursuant to the said circular of 3-4-1990. It appears to us to be only proper that their seniority must be reckoned in the higher post of Head Clerk with effect from the date when they are promoted to the said post after being successful in the limited departmental examination and that they be given promotion from the retrospective date cannot arise. 4. For the aforesaid reasons, the appeals are allowed and the order of the Tribunal is set aside. Appeals allowed.