G.R.BAQUAL vs STATE OF JAMMU & KASHMIR

The Supreme Court held that the appointment of the appellant as Personal Assistant to the Chairman of the Legislative Council did not confer seniority over the respondents who were promoted to Deputy Secretaries. Under the Jammu and Kashmir Legislative Council Secretariat (Regulation and Conditions of Service) Rules, 1959, the substantive post is determinative of seniority, and since the appellant was not promoted to the post of P.A. but only selected, he remained junior to the respondents. The appeal was dismissed, affirming the High Court's decision that the appellant was not entitled to the claimed seniority.