Topic

retrospective appointment

3 articlesLatest May 2026
Notional Seniority | Retrospective Appointment Valid if No Third-Party Rights Impaired: Sikkim HC
Case Law Analysis
|Sikkim High Court

Notional Seniority | Retrospective Appointment Valid if No Third-Party Rights Impaired: Sikkim HC

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.

U.P. Secondary Education Act Section 33-E | Contractual Teachers Entitled to Arrears from Date of Initial Appointment: Allahabad HC
Case Law Analysis
|Allahabad High Court

U.P. Secondary Education Act Section 33-E | Contractual Teachers Entitled to Arrears from Date of Initial Appointment: Allahabad HC

Contractual teachers regularized under the U.P. Secondary Education Act are legally entitled to salary arrears dating back to their original appointment, not just from the date of regularization. This ruling upholds substantive equity in public employment, ensuring that long-serving teachers are not penalized for administrative delays in formalizing their status.

Article 14 | Wrongful Exclusion from Selection Process Entitles Notional Seniority & OPS Benefits : J&K HC
Case Law Analysis
|Jammu & Kashmir and Ladakh High Court

Article 14 | Wrongful Exclusion from Selection Process Entitles Notional Seniority & OPS Benefits : J&K HC

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.