Excelsior Correspondent
JAMMU, Aug 31: The High Court has held that direct recruit takes his appointment and the seniority from the date he is actually appointed pursuant to the selection made by competent selection body. He 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 malafide or unfair treatment is made out by the candidate alleging delay in completing the selection process for the post he/she has applied for.
High Court has further said that no mandamus would lie to the employer to give appointment to such candidate from a date anterior to his actual appointment.
With these observations, Justice Sanjeev Kumar held that the petitioner is 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.
The entire edifice of the petitioner’s case was built on the plea that he was entitled to retrospective effect to his appointment as Assistant Professor in the discipline of Clinical Haematology and that way he would acquire the requisite eligibility for promotion to the next higher post/grade of Associate Professor in the discipline.
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