REPORTED DECISIONS

1.        The Hon’ble Division bench of this Court in the decision Aloysius v. Sarada Muraleedharan reported in 1995 (2) KLT 741 held that when promotion is outside the quota, the seniority would be reckoned from the date of the vacancy within the quota. The previous promotion would be regular only from the date of vacancy within the quota and seniority shall be counted from that date and not from the date of his earlier promotion.

2.        The Hon’ble Division bench of this Court in the decision reported in 2009 (3) KLT 274 held that the decision of the appointing authority to report vacancies, in violation of the quota prescribed in the Special rules, read in the light of Note 3 to R5 of Part II of the KS & SSR, was an action in excess of jurisdiction and therefore, a nullity. The direct recruits cannot get seniority based on the date of advice, as they are advised in excess of their quota. They have to wait for their turn, to get seniority. The normal rule governing seniority in the General rules is not applicable to them, as their appointments were against the provisions of the Special rules. Whenever it is found a change in the date of promotion is warranted, that is carried out by assigning a different date in the seniority list. There need not necessarily be any separate appointment order.