#notional seniority

The Gauhati High Court has ruled that full-time, exclusive commission-based service in the Assam Registration Department qualifies as pensionable service under the Assam Services Pension Rules, 1969, once regularized by the state. This sets a critical precedent for thousands of temporary government workers across Assam who served on commission before formal appointment, entitling them to old pension scheme benefits.

The Sikkim High Court has affirmed that a government corrigendum granting retrospective appointment entitles an employee to notional seniority and consequential promotions, even when a later irregular appointment exists, provided no third-party rights have been adversely affected. This reinforces administrative equity in service law and clarifies that procedural irregularities do not automatically nullify legitimate retrospective benefits.

The Rajasthan High Court has ruled that when a public employee is reinstated with notional seniority, they are entitled to all consequential benefits-including pay scale revisions, ACP promotions, and incremental hikes-from the original date of termination, even if back wages are denied. This sets a critical precedent for thousands of government employees across Rajasthan whose service continuity was disrupted by unlawful termination.

Patna High Court rules that teachers appointed belatedly under the same recruitment panel as earlier appointees must receive notional seniority and equal service benefits, including increments and promotions. The judgment reinforces constitutional equality in public employment, mandating the State to adjudicate claims within strict timelines to prevent arbitrariness.

J&K High Court rules that a candidate wrongfully excluded from a selection process despite higher merit must be granted notional seniority from the appointment date of peers, along with Old Pension Scheme benefits and refund of deductions. The judgment reinforces constitutional remedies for arbitrary exclusion in public employment.

The Central Administrative Tribunal ruled that employees denied timely appointment due to unlawful administrative action are entitled to notional seniority, retrospective pay fixation, and Old Pension Scheme benefits as a matter of constitutional equity under Articles 14 and 16. This sets a critical precedent for thousands of similarly situated candidates across government services facing delayed regularization.