The Supreme Court has held that seniority cannot be claimed from the date on which the employee was not in service. The Supreme Court has allowed a petition by the Bihar government challenging the seniority of a person with retrospective effect in his job.
The Bihar government argued in the Supreme Court that the employee cannot claim seniority from the date when he was not in service. The Supreme Court accepted the appeal of the Bihar government.
The Supreme Court said that it has to be kept in mind that unless the order of the court is passed or the court does not issue any direction or the applicable rules are expressly provided, then the retrospective seniority should not be allowed because doing so. Others who have already entered the service will also be affected. The top court said that jurisprudence in the field of service law states that retrospective seniority cannot be claimed from the date when the employee was not in service.