Seniority must follow the first effective advice date under clear service rules; equity cannot override the statute.

Seniority under Rule 27(c) of the Kerala State and Subordinate Services Rules, 1959 is fixed by the date of the first effective advice, and where more than one candidate is involved, by the order in the advice list. Because the rule is clear and unambiguous, the literal rule of interpretation applies and equity cannot override the statutory mandate. On the stated facts, the appellants received first effective advice earlier than the private respondents, so the respondents' earlier selection did not determine seniority. Seniority was therefore to be assigned to the appellants on the basis of the rule's express language.

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Issues: Whether seniority of appointed candidates was to be determined under Rule 27(c) of the Kerala State and Subordinate Services Rules, 1959 by the date of first effective advice, and whether equity could be invoked to displace the plain language of the rule.

Analysis: Rule 27(c) expressly provides that seniority of a person appointed on the advice of the Commission is determined by the date of the first effective advice, and where more than one person is concerned, by the order in the advice list. On the facts, the appellants received their first effective advice earlier than the private respondents. The language of the rule was held to be plain and unambiguous, so the literal rule of interpretation applied. The earlier selection of the respondents did not control seniority because the rule turns on the date of advice, not the date of preparation of the rank list. The equitable considerations relied upon below could not supplant the statutory mandate.

Conclusion: Seniority had to be fixed under Rule 27(c) according to the date of first effective advice, and the appellants were senior to the respondents. The decision was in favour of the appellants.

Ratio Decidendi: Where a statutory rule is clear and unambiguous, seniority must be determined strictly in accordance with its express language, and equity cannot override that mandate.

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