THE STATE OF BIHAR & ORS. versus ARBIND JEE

THE STATE OF BIHAR & ORS. versus ARBIND JEE

The High Court erred in granting retrospective seniority to the respondent from 1985 because the respondent entered service only on 10.2.1996; retrospective seniority is not to be allowed from a date when the person was not borne in service unless expressly directed by a court or provided by applicable rules, and the respondent had slept over his rights by not claiming earlier and his appointment was a compassionate appointment following this Court's direction without retrospective effect.

Parties
Appellant(s): The State of Bihar & Ors.; Respondent: Arbind Jee
Jurisdiction
India
Judgment Date
28 September 2021
Procedural Posture
Civil Appeal / Appeal to Supreme Court (judgment)
Outcome
Appeal allowed
Legal Topics
Retrospective Seniority, Compassionate Appointment, Seniority
Service Law Retrospective Seniority Compassionate Appointment Seniority

Case Brief

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Parties

The State of Bihar & Ors.

Appellant(s)

Arbind Jee

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court (judgment)

Legal Issues

  1. 1 Whether respondent is entitled to claim seniority from 20.11.1985 (or 5.12.1985) despite entering service on 10.2.1996
  2. 2 Whether retrospective or notional seniority can be granted where appointment was by compassionate appointment following court direction and not by common competitive recruitment

Ratio Decidendi

The High Court erred in granting retrospective seniority to the respondent from 1985 because the respondent entered service only on 10.2.1996; retrospective seniority is not to be allowed from a date when the person was not borne in service unless expressly directed by a court or provided by applicable rules, and the respondent had slept over his rights by not claiming earlier and his appointment was a compassionate appointment following this Court's direction without retrospective effect.

Court Disposition

Appeal allowed

Orders

  • Impugned orders of the Patna High Court set aside and quashed
  • Appeal allowed