- (1.) There is a clear distinction between weightage given for years of service rendered by an employee for purposes of promotion and weightage given for years of service rendered by an employee for purposes of seniority in a grade. While the first concerns eligibility for promotion to a higher post, the other concerns seniority for being considered for promotion to a higher post.
(2.) To consider the validity of weightage for seniority purposes and its impact on the seniority of other employees, the following question has been referred to a larger Bench in these appeals. The reference order is reported as P. Sudhakar Rao v. U. Govinda Rao, 2007 12 SCC 148. "Whether the decision given in Devi Prasad v. Govt. of A.P., 1980 Supp1 SCC 206 and State of A.P. v. K.S. Muralidhar, 1992 2 SCC 241 laid down the correct law or the decision given in G.S. Venkat Reddy v. Govt. of A.P., 1993 Supp3 SCC 425, K. Narayanan v. State of Karnataka, 1994 Supp1 SCC 44 and State of Gujarat v. C.G. Desai, 1974 1 SCC 188 laid down the correct proposition of law?"
(3.) It appears to us that this question ought not to be answered in the narrow confines in which it is framed, nor should it be answered on the basis of the limited submission noted in the reference order relating to "the validity of the rule by which retrospective seniority benefit was given to the Junior Engineers by G.O.Ms No. 54 Irrigation (Service IV-2) dated 15.2.1983." The question has larger implications and we propose to answer it keeping the broad canvas in mind. We also propose, in this light, to answer the question on merits of these appeals, namely, whether, on appointment as a Junior Engineer, weightage of service given to a Supervisor can be taken into account for fixing his seniority as a Junior Engineer, thereby effectively refixing the seniority with retrospective effect. Factual background:;