Full Bench Rules Seniority Determined by Date of Appointment, Not Merit in Selection Exam
In a landmark judgment, the Delhi High Court has ruled that the seniority of Border Security Force (BSF) General Duty Cadre (Non-Gazetted) recruits is determined by the date of their continuous regular appointment rather than their merit in the selection process. The Full Bench, comprising Justices C. Hari Shankar, Jyoti Singh, and Ajay Digpaul, resolved conflicting decisions from various Division Benches regarding seniority determination for direct recruits who faced delays in joining due to medical reviews.
The case revolved around several writ petitions where the petitioners, despite clearing the selection process, were delayed in joining due to pending Review Medical Examinations (RME). They argued for seniority alongside batchmates who joined earlier. However, the court emphasized that Rule 8(2) of the BSF General Duty Cadre Recruitment Rules, 2002, mandates seniority based on the date of continuous regular appointment, superseding merit-based considerations under Rule 8(3).
The judgment also addressed the interpretation of the Rules, noting that Rule 8(2) applies universally to all appointments, including direct recruits and promotees, and is not restricted to promotions as suggested in previous rulings like Ram Pal Deswal v. Union of India. The court further disagreed with past decisions that granted seniority based on selection merit, aligning its interpretation with the precedent set in Shoorvir Singh Negi v. Union of India, which prioritizes the appointment date for seniority determination.
By upholding the universal applicability of Rule 8(2), the court dismissed the petitions, clarifying that delays in joining due to RME, not attributable to the petitioners or their batchmates, do not entitle the petitioners to seniority with earlier appointed batchmates.
Bottom Line:
Seniority determination for direct recruits in BSF General Duty Cadre (Non-Gazetted) Recruitment Rules, 2002. Rule 8(2) applies universally to all types of appointments, including direct recruitment and promotion, and mandates seniority based on continuous regular appointment, superseding Rule 8(3).
Statutory provision(s): BSF General Duty Cadre (Non-Gazetted) Recruitment Rules, 2002, Rule 8(2), Rule 8(3)
Jai Mangal Rai v. Union of India, (Delhi)(FB) : Law Finder Doc Id # 2833367
