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| Candidate can claim seniority from actual date of his appointment: HC | | | Early Times Report
Jammu,Aug 31: Jammu & Kashmir and Ladakh High Court has held that the candidate appointed directly can claim the seniority and other benefits from the date he is actually appointed and not from the date when the post was advertised .
The court ruled that the candidate cannot claim his appointment from the date of issue of notification or from the date of culmination of selection process for other posts notified for selection by way of common advertisement notification, unless the case of mala fide or unfair treatment is made out by the candidate alleging delay in completing the selection process for the post he/she has applied for.
Justice Sanjeev Kumar said that no mandamus would lie to the employer to give appointment to such candidate from a date anterior to his actual appointment.
Justice Kumar held that the petitioner was not entitled to his retrospect appointment as Assistant Professor in Clinical Haematology with effect from 3.10.2018 as claimed, and as a sequel thereto, he would not be eligible for his promotion to the next level of Associate Professor in Clinical Haematology under AMPS unless he completes requisite service. With these observations the court dismissed the petition. |
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