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.
