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of <h1>Seniority based on service, not confirmation: Armed Forces Clerical Service Rules, 1968</h1> <h3>D.P. SHARMA Versus U.O.I.</h3> The Supreme Court held that the seniority of Lower Division Clerks should be based on length of service, not confirmation as per the Armed Forces ... - Issues: Determination of seniority of appellants in the cadre of Lower Division Clerks based on length of service vs. date of confirmation.The judgment in question deals with the determination of seniority of the appellants in the cadre of Lower Division Clerks. The appellants were originally recruited in various capacities within the Lower Defence Installations and were later transferred to the Armed Forces Headquarters as LDCs. The issue arose when 'The Armed Forces Headquarters Clerical Service Rules, 1968' came into force, which prescribed seniority based on the date of confirmation, contrary to the previous practice of determining seniority based on length of service. The appellants contended that their seniority should be based on length of service and not confirmation as per the new Rules. The learned single Judge initially ruled in favor of the appellants, emphasizing that the principle of seniority based on length of service was followed prior to the introduction of the Rules. The Judge highlighted that official memorandums supported the principle of length of service for determining seniority. However, the Union of India appealed the decision, leading to the Division Bench of the High Court reversing the ruling and holding that seniority should be determined based on confirmation as per the Rules.The Supreme Court analyzed the case and found that the Division Bench's decision was erroneous. The Court emphasized that the Rules could not retrospectively affect the existing rights of officials appointed before the Rules came into force. Referring to past office memorandums, the Court reiterated that the guiding principle for seniority determination was length of service, as established prior to the introduction of the Rules. The Court cited precedents to support the argument that seniority regulations should not be altered to the detriment of officials retrospectively. Therefore, the Court allowed the appeals, overturning the Division Bench's decision and reinstating the single Judge's ruling that seniority should be determined based on length of service, not confirmation as per the Rules.In conclusion, the Supreme Court's judgment clarified that the seniority of the appellants in the cadre of Lower Division Clerks should be determined based on length of service rather than confirmation as prescribed by 'The Armed Forces Headquarters Clerical Service Rules, 1968.' The Court emphasized the importance of respecting the established principles of seniority and ensuring that regulations do not unfairly disadvantage officials retrospectively.
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