Seniority benefit cannot accrue retrospectively for period prior to joining service: Supreme Court

The Supreme Court on Tuesday held that seniority benefit can accrue only after a person joins service and not retrospectively with respect to a period during which the concerned person was not in service (State of Bihar vs Arbind Jee)..The Bench of Justices R Subhash Reddy and Hrishikesh Roy held that retrospective seniority unless directed by court or expressly provided by the applicable rules, should not be allowed, as in so doing, others who had earlier entered service, will be impacted."Seniority benefit can accrue only after a person joins service and to say that benefits can be earned retrospectively would be erroneous," the judgment said.The verdict came on an appeal in a case in which the appellant had been shortlisted for compassionate appointment in the Bihar Home Guard department in 1985 after his father’s demise. However, since the appellant failed to meet physical standards, he was not granted appointment..The appellant had moved the Supreme Court and by a judgment of 1996, the State was directed to appoint him as Adhinayak Lipik. Thereafter, in 2002 the appellant claimed seniority benefits from 1985 but the authorities denied the same.He then moved the Patna High Court while ruled that since Supreme Court had directed his appointment in 1996 on his 1985 selection, his seniority would be applicable from 1985..The State government appealed against the same to the Supreme Court which held that the seniority balance cannot be tilted against those who entered service much before the respondent."The compassionate appointment of the respondent is not being questioned here but importantly he is claiming seniority benefit for 10 years without working for a single day during that period. In other words, precedence is being claimed over other regular employees who have entered service between 1985 to 1996," the Court observed..Further, the Supreme Court in its judgment of 1996 had only directed the State to appoint the appellant within 1 month without specifying that the appointment should have a retrospective effect..“In such circumstances, the High Court in our view should not have travelled beyond the order passed by this Court to hold in favour of the respondent that his seniority should be counted from 5.12.1985 although he entered service a decade later only on 10.2.1996,” the top court ruled. .[Read Judgment]