Supreme Court of India
The State of Bihar & Ors. v. Arbind Jee
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered opinion that the High Court was in error in granting retrospective seniority to the respondent.
Judgment, page 8
From the headnote
Service law: Retrospective seniority – Claim for, from a date when an employee was not even borne in service – Held: Retrospective seniority unless directed by court or expressly provided by the applicable Rules, should not be allowed, as in so doing, others who had earlier entered service, would be impacted – Seniority benefit can accrue only after a person joins service – In the instant case, precedence of seniority was claimed by respondent over other regular employees who had entered service much before him – Respondent’s case was of compassionate appointment on the order of court – The…
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