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Chairman, Puri Gramya Bank v. Ananda Chandra Das

Chairman, Puri Gramya Bank
v.
Ananda Chandra Das

(Supreme Court Of India)

No | 12-09-1994


Ramaswamy, K.

1. Leave granted.

2. This appeal arises from the judgment of the High Court of Orissa in OJC No. 1007 of 1988, dated 4-3-1992. The respondent and others were selected by direct recruitment as managers of Rural Bank. His rank was No. 9 in the merit list. He was directed to be given seniority on the basis of the date of his reporting to duty. It is reported that the first respondent is dead. The only question in this case is that what shall be the ranking among the direct recruits

Is it the date on which they joined duty or according to the ranking given by the Selection Board On comparative evaluation of the respective merits of the candidates for direct recruitment, the Board had prepared the merit list on the basis of the ranking secured at the time of the selection. It is settled law that if more than one are selected, the seniority is as per ranking of the direct recruits subject to the adjustment of the candidates selected on applying the rule of reservation and the roster. By mere fortuitous chance of reporting to duty earlier would not alter the ranking given by the Selection Board and the arranged one as per roster. The High Court is, therefore, wholly wrong in its conclusion that the seniority shall be determined on the basis of the joining reports given by the candidates selected for appointment by direct recruitment and length of service on its basis. The view, therefore, is wrong. However, we need not interfere with the order, since the first respondent has died.

3. The appeal is accordingly disposed of. No costs.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE K. RAMASWAMY

HON'BLE JUSTICE N. VENKATACHALA

Eq Citation

1995 LABIC 342

1995 (1) SCT 546 (SC)

(1994) 6 SCC 301

[1994] (SUPPL.) 3 SCR 489

1994 (4) SCALE 307

1994 (5) SLR 615

(1994) SCC (LS) 1384

LQ/SC/1994/862

HeadNote

Government, Public Employment and Services — Service matters — Seniority — Ranking among direct recruits — Seniority as per ranking of direct recruits subject to adjustment of candidates selected on applying rule of reservation and roster — By mere fortuitous chance of reporting to duty earlier would not alter ranking given by Selection Board and arranged one as per roster — High Court wholly wrong in concluding that seniority shall be determined on basis of joining reports given by candidates selected for appointment by direct recruitment and length of service on its basis — However, no need to interfere with order since first respondent has died