CHAIRMAN, PURI GRAMYA BANK AND ANR.
v.
ANANDA CHANDRA DAS AND ORS.
SEPTEMBER 12, 1994
(K. RAMASWAMY AND N. VENKATACHALA, JJ.]
Service Law-Direct recruitment-Preparation of panel on the basis of
rank secured-Reckoning of seniorit)-Should be as per rank and not on the
basis of date of repo1ting to duty . .
A
B
In a sdection made by direct recruitment, the Selection Board C
prepared the merit list on the basis of ranking secured at the time of
selection. On the question whether the seniority of the employee should be
reckoned on the basis of date of his joining the duty or according to the
ranking given by the Board :
-,
D
Disposing of the appeal, this Court
HELD : It is settled law that if more candidates than one are
'
selected, the seniority is as per ranking of the direct recruits subject to the
adjustment of the candidates selected on applying the rule of reservation
and the roster. Mere fortuteous chance of reporting to duty earlier would E
not alter the ranking given by the Selection Board and the arranged one
as per roster. The High Court erred in its conclusion that the seniority
shall be determined on the basis of the joining reports given by the
condidates and length of service on its basis. [ 490-C-D]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6308 of F
1994.
From the Judgment and Order dated 4.3.92 of the Orissa High Court
in O.J.C. No. 1007 of 1988.
R. Mohan for the Appellants.
The follo'\Viflg Order of the Court was delivered :
Leave granted.
G
This appeal arises from the Judgment of the High Court of Orissa in H
489
490
SUPREME COURT REPORTS (1994) SUPP. 3 S.C.R.
A . O.J.C. No. 1007/88, dated March 4, 1992. The respondent and others were
selected by direct recruitment as managers of Rural Bank. His rank was
No. 9 in the merit list. He was directed to be given seniority on the basis
of the date of his reporting to duty. It is reported that the first respondent
is dead. The only question in this ·case is that what shall be the ranking
B
among the direct recruits? Is it the qate on which they joined duty or
according to the ranking given by the selection board? On comparative
evaluation of the respective merits of the candidates for direct recruitment,
the Board has prepared the merit list on the basis of the ranking secured
at the time of the selection. It is settled law that if more than one are
selected, the seniority is as per ranking of the direct recruits subject to the
C adjustment of the candidates selected on applying the rule of reservation
and the roster. By mere fortuteous chance of reporting to duty earlier
would not alter the ranking given by the Selection Board and the arranged
one as per roster. The High Court, is, therefore, wholly wrong in its
conclusion that the seniority shall be determined on the basis of the joining
D reports given by the candidates selected for appointment by direct recruit-
ment and length of service on its basis. The view, therefore, is wrong.
However, we need not interfere with the order, .since the first respondent
has died.
The appeal is accordingly disposed of. No costs.
T.N.A.
Appeal disposed of.
Lex