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Seniority shall be given as per 'select list' in delayed joining of selected candidate: DB 6/16/2016 11:21:55 PM Early Times Report jammu, June 16: In a LPA filed by Dr Mohd Riaz against the order made in petition dated 28/03/2016 dismissing the writ petition filed by the appellant, Division Bench of State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur after hearing both the sides held that if there is any delay in joining of a candidate who was selected which is not the fault of the concerned candidate, the said candidate shall be deemed to be appointed from the date of appointment notionally and his seniority shall be given as per the select list. The decision came to a plea filed seeking quashment of Government Order dtd 15/04/2014 stating that Dr Zahur Hussain Assistant Professor shall be deemed to have joined the post of Lecturer (Surgery) on notional basis from 11/07/2008 and the period from 11/07/2008 to 08/09/2009 shall be treated to count towards the seniority issued by the Government and the consequential notional benefits given w.e.f 25/05/2012 and for direction to treat Dr Zahur Hussain Assistant Professor as Assistant Professor w.e.f 17/12/2012 and to place him junior to the appellant. Division Bench further observed that in this case, the Dr Zahur Hussain was having justifiable reason to ask for extension of joining time as he was undergoing Super Specialty Course which was rightly granted by the Government and for the purposes of seniority, his appointment shall be treated as date of order of appointment notionally and the seniority has rightly been fixed by the official respondents for which the appellant cannot raise any grievance. Division Bench further observed that Single Judge has rightly dealt with all the issues and dismissed the writ petition and this Bench is unable to find any reason to interfere with the order of the Single Judge. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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