Thus, Justice Biren Vaishnav allowed the petition of workmen who were challenging a resolution of 2017 passed by the Finance Department stating that incumbents who had worked for five years would be considered for seniority, promotion, higher pay and terminal benefits from the initial date of engagement but not from the date of regularisation as was the case of the Petitioner. The bench reiterated:
“In the case before the Supreme Court and of the Division Bench of this Court, the Court held that if the petitioners were transferred to a new depart they may not get seniority but the past experience would count for the purposes of promotion and higher pay scale etc.”
It was observed that the Petitioners were initially appointed as revenue Talatis on a fixed wage basis and later got the benefit of an inter-district transfer post their period of regular service of 5 years. The order of transfer indicated that the incumbent would lose seniority and an undertaking the Petitioner effectively lose two years of his service on a regular basis for the purpose of seniority.
