JOYACHAN M. SEBASTIAN versus THE DIRECTOR GENERAL AND ORS.

JOYACHAN M. SEBASTIAN versus THE DIRECTOR GENERAL AND ORS.

Accommodation of an employee after abolition of his post must be deemed a fresh appointment for purposes of seniority; the employee is not entitled to claim seniority from the earlier appointment.

Parties
Appellant: JOYACHAN M. SEBASTIAN; Respondents: THE DIRECTOR GENERAL AND ORS.
Jurisdiction
India
Judgment Date
23 August 1996
Procedural Posture
Civil Appeal / Civil Appeal No. 11481 of 1996, From the Judgment and Order Dated 6.7.94 of the Central Administrative Tribunal, Ernakulam Bench, OA No. 932 of 1994
Outcome
Appeal dismissed.
Legal Topics
Seniority, Transfer, Abolition of Post, Fresh Appointment
Service Law Seniority Transfer Abolition of Post Fresh Appointment

Case Brief

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Parties

JOYACHAN M. SEBASTIAN

Appellant

THE DIRECTOR GENERAL AND ORS.

Respondents

Procedural Posture

Civil Appeal / Civil Appeal No. 11481 of 1996, From the Judgment and Order Dated 6.7.94 of the Central Administrative Tribunal, Ernakulam Bench, OA No. 932 of 1994

Legal Issues

  1. 1 Whether the appellant is entitled to seniority from the date of initial appointment at Kohima or from the date of transfer to Trivandrum

Ratio Decidendi

Accommodation of an employee after abolition of his post must be deemed a fresh appointment for purposes of seniority; the employee is not entitled to claim seniority from the earlier appointment.

Court Disposition

Appeal dismissed.

Orders

  • No costs.