TEJ NARAIN TIW ARY versus STATE OF BIHAR AND ORS.

TEJ NARAIN TIW ARY versus STATE OF BIHAR AND ORS.

Appellant was compulsorily transferred or posts amalgamated; Board regularised appointment retrospectively from date of Special Officer appointment; pay protected; thus, seniority as Section Officer from 16.8.69 justified.

Parties
Appellant: Tej Narain Tiwary; Respondents: State of Bihar and Ors.; Respondent: Respondent No. 5
Jurisdiction
India
Judgment Date
18 February 1993
Procedural Posture
Civil Appeal / Appeal From Patna High Court Judgment Dated 21.5.1992 in Civil Writ Jurisdiction Case No.1317 of 1990
Outcome
Appeal allowed
Legal Topics
Seniority, Regularisation, Transfer and Amalgamation of Posts
Service Law Seniority Regularisation Transfer and Amalgamation of Posts

Case Brief

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Parties

Tej Narain Tiwary

Appellant

State of Bihar and Ors.

Respondents

Respondent No. 5

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court Judgment Dated 21.5.1992 in Civil Writ Jurisdiction Case No.1317 of 1990

Legal Issues

  1. 1 Whether seniority of appellant as Section Officer should be reckoned from date of initial appointment as Special Officer
  2. 2 Whether the transfer and subsequent regularisation justify retrospective seniority

Ratio Decidendi

Appellant was compulsorily transferred or posts amalgamated; Board regularised appointment retrospectively from date of Special Officer appointment; pay protected; thus, seniority as Section Officer from 16.8.69 justified.

Court Disposition

Appeal allowed

Orders

  • Seniority of appellant as Section Officer to be reckoned from 16th August, 1969
  • No order as to costs