Temporary transferee appointments do not create seniority over direct recruits; only substantive cadre appointments count.

Temporary or stop-gap transferee appointments to Assistant Commercial Tax Officer posts did not confer seniority over regularly appointed direct recruits. Seniority had to be worked out only by reference to substantive appointments within the permanent cadre strength, because the quota for direct recruits and transferees was linked to substantive vacancies and temporary posts did not enlarge that cadre or create a superior ranking right. Only transferee appointees who had held the post substantively within the permanent cadre strength before the direct recruits began probation could be placed above them. The challenge to the revised seniority principle was rejected.

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Issues: Whether transferee appointees holding Assistant Commercial Tax Officer posts on a temporary basis could claim seniority over direct recruits, and whether seniority had to be worked out only with reference to substantive posts within the permanent cadre strength.

Analysis: Seniority could not be founded on temporary or stop-gap appointments made de hors the regular rules. The material placed before the Court did not establish that the cadre strength included temporary posts for the purpose of seniority fixation. The statutory quota for direct recruits and transferees was linked to substantive vacancies in the permanent cadre, and temporary appointments did not enlarge that cadre strength or confer a right to rank above regularly appointed direct recruits. Only those transferee appointees who had held the post substantively within the permanent cadre strength before the direct recruits commenced probation could be placed above them.

Conclusion: The challenge to the revised seniority principle failed. Seniority was to be determined only with reference to substantive appointments within the permanent cadre strength, and transferee appointees outside that basis could not rank above direct recruits.

Final Conclusion: The common challenge to the seniority fixation was rejected, and the connected proceedings were dismissed on the same reasoning.

Ratio Decidendi: Temporary or stop-gap appointments do not confer seniority over regularly appointed direct recruits unless the appointee has held the post substantively within the permanent cadre strength relevant to the quota.

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