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S. K. Pandey, ITAT asked:
Please clarify whether seniority should be counted from the date of promotion or date of joining in higher post. For example A, B,C,D (Seniority wise) employees promoted from the post from UDC to Head Clerk on the same day say 01.01.2010. Mr. C & D (junior to A & B) got promotion in same place and joined on the same day but A & B (Senior to C & D) joined after 3 days from the date of promotion due to transfer from one place to the other place. In this situation, what would be the date to be reckoned with for seniority in respect of Mr. A&B. Whether the date of promotion viz., 1.1.2010 should be taken or 3.1.2010, the date of joining? If date of joining is considered for seniority list, A& B would become junior to C & D.
GConnect Team’s Opinion:
Already well settled clarifications are there to settle these anomalies. The date of joining of the Junior most or the DOJ of senior which ever is earlier is taken for date of promotion, if the promotion is ordered under one Order. So ensure the date of joining of C& D has to be reckoned with for seniority of A & B. Note This is only for assigning seniority Not for pay benefit