Law:

Section:

(a) Civil services-- --- Seniority, determination of--Appellant joined Police Service through competitive examination on 30-12-1974--Respondent was selected for the Police service in 1968 and completed his graduation course in 1970--Pending finalization of his selection appellant joined Army--Respondent switched over to the Police Service in 1975 in Grade-17--1n gradation list of Police Service appellant was placed at S. No. 46 while respondent was placed at S. No. 4--Appellant claimed seniority over respondent by filing appeal before Service Tribunal--Competency of appeal--Respondent had joined the Police Service on 12-7-1975 i.e. after more than four and a half years of his selection in the Police Service--Respondent was taken into Police Service on the express terms contained in the letter of offer of appointment that he would count his seniority from the date of his entry into the service--Such offer of appointment was fair and just condition being in accordance with the principle of seniority laid down by the Authority--Taking contrary view to principle of seniority by giving seniority to respondent from the day his batch-mates were appointed in the year 1971-72 was not justifiable-­Appellant having joined service prior to respondent has legitimate case to claim and get seniority over respondent. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4(1)(a)--Appeal--Competency--Limitation--Appeal filed after 131 days of making of the Departmental representation but within thirty days of the receipt of final gradation list by appellant, which was considered by the appellant to be the rejection of his representation--Appeal would thus be deemed to have been filed within period of limitation and in accordance with provisions of S. 4(1)(a) of Service Tribunals Act, 1973. (c) Service Tribunals Act (LXX of 1973)-- ---S. 4--Appeal--Non-joinder of necessary parties in appeal--Effect--Appellant failed to join in appeal those officers whose names were above the appellant and below the respondent in the seniority list--Appellant's contention was that those officers were not necessary party as the appellant did not claim seniority over them but his prayer was that…

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