Supreme Court of India
The State of Bihar & Ors. v. Arbind Jee
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered opinion that the High Court was in error in granting retrospective seniority to the respondent.
Judgment, page 8
From the headnote
Service law: Retrospective seniority – Claim for, from a date when an employee was not even borne in service – He ld: Retrospective seniority unless directed by court or ex pressly provided by the applicable Rules, should not be allowed, as in so doing, others who had earlier entered service, would be im pacted – Seniority benefit can accrue only after a person join s service – In the instant case, precedence of seniority was claimed by respondent over other regular employees who had entered service much before him – Respondent’s case was of compassionate appointment on the order of court –
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