Employee's seniority cannot be changed retrospectively: HC

Prayagraj: The Central Administrative Tribunal (CAT), Allahabad Bench, has held that the seniority of an employee cannot be changed retrospectively.

While allowing an original application filed by Ravindra Kumar Gautam and others, the bench comprising Justice Rajeev Joshi and administrative member Anjani Nandan Saran held that the circular altering the criteria for seniority determination could not be applied retrospectively.

Therefore, the tribunal in its decision dated March 25, said the circular could not be enforced with retrospective effect.

The issue of altering seniority came before the CAT, Allahabad, in the case of Ravindra Kumar Gautam and others vs. Assistant Comptroller and Auditor General and others. The petition was filed by divisional accountants, who were represented by advocate Gaurav Gautam.

The seniority of the petitioners was altered retrospectively due to a circular issued by the CAG office .

This circular changed the basis for determining seniority from marks obtained in the Divisional Accountant Grade Examination to the rank secured in the Staff Selection Commission Examination. As a result, the petitioners, who were previously senior, were placed below those who were originally their juniors in the seniority list.