Retrospective Seniority Cannot Be Claimed From A Date When An Employee Is Not Even Borne In Service

Case: State of Bihar vs. Arbind Jee

Coram: Justices R. Subhash Reddy and Hrishikesh Roy

Case no.: CA 3767 OF 2010

Court Observation: “The jurisprudence in the field of service law would advise us that retrospective seniority cannot be claimed from a date when an employee is not even borne in service. It is also necessary to bear in mind that 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, will be impacted.”

“There could be individual cases where a bunch of applicants are recruited through a common competitive process but for one reason or another, one of them is left out while others get appointed. When the denial of analogous appointment is founded to be arbitrary and legally incorrect, the benefit of notional seniority may be conferred on the deprived individual. However, the present is not a case of that category.”

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