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Supreme Court of India 2024-08-28 allowed

MHABEMO OVUNG & ORS vs M. MOANUNGBA & ORS

Bench: 2 — J.K. Maheshwari, Rajesh Bindal

In Brief

The Supreme Court resolved a dispute over seniority between directly recruited Junior Engineers appointed on 1 May 2003 and Sectional Officers Grade-I whose posts were upgraded to Junior Engineer on 11 October 2007. The Court held that seniority in a cadre is determined from the date an employee actually enters that cadre. The upgraded Sectional Officers cannot claim seniority precedence over direct recruits based on their tenure in the lower post. The final seniority list of 26 March 2018, placing direct recruits senior to upgraded employees, was upheld. The Division Bench's order directing seniority refixation was set aside as erroneous.

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Service Law Seniority and Promotion Civil Service Administrative Law

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