In Brief
R. Venkata Ramudu and other Assistant Executive Engineers passed the Account Test beyond their prescribed two-year probation period. The Government subsequently revised their date of commencement of probation under Rule 16(h), placing them in a lower seniority position. The appellants challenged this, arguing the Note to Rule 8 mandates automatic probation extension until the test is passed. The High Court upheld the Government's action. The Supreme Court reversed, holding that the Note has statutory force equivalent to the rule and mandates automatic probation extension, precluding Rule 16(h) application. Seniority is determined by the date of first appointment, not by test timing. The appellants were entitled to retain their original appointment date for seniority purposes and be considered for promotion after completing five years of service.
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