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| Subject:
judgements on seniority by andhrapadesh high court
Category: Miscellaneous Asked by: dattupanth-ga List Price: $2.00 |
Posted:
14 Oct 2002 09:18 PDT
Expires: 13 Nov 2002 08:18 PST Question ID: 76434 |
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| There is no answer at this time. |
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| Subject:
Re: judgements on seniority by andhrapadesh high court
From: tehuti-ga on 14 Oct 2002 09:50 PDT |
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| Subject:
Re: judgements on seniority by andhrapadesh high court
From: angy-ga on 14 Oct 2002 21:21 PDT |
I have only been able to find this reference. An article on Labour Law by Praful R. Desai in The Tribune for 6 June 1999 in which Desai quotes the Supreme Court judgement overturning a previous decision by the High Court, on appeal. http://www.tribuneindia.com/1999/99jun06/biz.htm "In AP Electricity Board v R. Parthasarthi (1999-I-LLJ. 837-) SC said thus: It appears to the SC that it has not been indicated in the service regulation that such experience of ten years must be in the service of the State Electricity Board of AP. In the opinion of the SC if an employee of the AP Electricity Board has obtained total experience of 10 years serving partly in the State Government and partly in the Andhra Pradesh Electricity Board, such employees fulfils the criterion of eligibility for being considered for promotion to the said post of Asst. Executive Engineer. It may be indicated that there is no dispute to the fact that when an employee is permanently absorbed in the service of AP State Electricity Board, his seniority will be fixed below Junior Asst. Engineers already working in the Electricity Board . Such inter-seniority will be a relevant factor when a number of employees come in the zone of consideration on the basis of ten years experience for being considered for promotion to the post of Asst. Executive Engineer. The HC in view of the SC has misread the Regulation 14 by taking into consideration clause (h) of the conditions of absorption in the service of the State Electricity Board. Such clause (h) has nothing to do with the question of promotion under Regulation 14 of the Service Regulation Act. In the aforesaid circumstances, the SC held that the impugned order of the Division Bench of the HC cannot be sustained and the same was set aside. The appeals are accordingly disposed of without any order as to cost." |
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