Rural Electrification Board Ordinance, 1977 | Case Reference

Rural Electrification Board Ordinance, 1977

Section 11(2) Absorption- The High Court Division directed the writ respondents to absorb the writ petitioners in their respective posts in the revenue budget with continuity of service and seniority from the date of appointments in their respective projects. This direction, however, is not in conformity with law, inasmuch as, unless the writ petitioners are absorbed in the revenue set up, they cannot claim any seniority. They can claim seniority only on the day they are absorbed in the revenue set up. An employee can claim financial benefits from the date of absorption but he cannot claim seniority unless his service is regularized. In that view of the matter, the operating part of the judgment of the High Court Division is not legally tenable in law. Accordingly, we hold that the writ petitioners are employees of REB and that they will get their seniority from the date of regularisation in the revenue set up. They will, however, get the financial benefits from the date of their joining. ... Rural Electrification Board -VS- Nurannabi(Md.), [9 LM (AD) 164]