PLJ 2023 TRc(Service) 143

S. 22(2)–General Clauses Act, (X of 1897), S. 24-A–Appellant was working as inspector–Representations for inclusion of name for promotion as Deputy Superintendent–Seniority list of inspectors– Junior to appellant was promoted as D.S.-continuing cause of action–Discriminatory treatment–Representations of appellant was not finalized–Direction to–It has been settled by Supreme Court that seniority of a civil servant was to be reckoned from date of initial appointment and not from date of confirmation or regularization–No lawful justification was forwarded for assigning seniority to private respondent in terms of Civil Servants (Seniority) Rules, 1993 leading us to conclude that Board letter is not based on settled principles of law on subject and thus are inclined to declare it as a void order–The respondent failed to explain as to why representation of appellant was not finalized as per provisions of Civil Servants (Seniority) Rules, 1993– Resultantly, appellant was not considered for promotion by said DPC–Appellant was’ discriminated as representation filed by appellant as well as private respondent forwarded to competent authority was decided only in respect of private respondent while that of appellant was kept pending which had implications in terms of promotion and consequent financial benefits–Appeal allowed