ups_00199 — In the case of GDS, past services of any kind, such as provisional, substitute and the like followed by regular service would count with retrospective effect as regular service

In the case of GDS, past services of any kind, such as provisional, substitute and the like followed by regular service would count with retrospective effect as regular service — This chunk is from a court case titled O.A. No. 180/00192 of 2020, which deals with a dispute over eligibility for a Limited Competitive Exam in the Ministry of Communications, concerning Gramin Dak ... — Facts: The Applicant was appointed against a regular vacancy through prescribed recruitment process as Gramin Dak Sevak (GDS) on 25-1-2010. The 5th respondent too has been appointed as GDS on 10-7-2010. This appointment of the 5th Respondent was preceded by a provisional appointment as GDS against a put-off vacancy from 3-11-2009. In the gradation list (seniority list) of GDS published, the dates of appointment of the Applicant was reflected as 25-1-2010 and that of the 5th Respondent, as 10-7-2010. A notification was published on 3-8-2019 for conducting a Limited Competitive Exam from among qualified GDS for recruitment to the cadre of Postal Assistants / Sorting Assistants for the vacancy years 2015-2016, 2016-2017, 2017-2018, 2018 (1-4-2018 to 31-12-2018) and 2019 (1-1-2019 to 31-12-2019) in one go. The eligibility condition includes that the candidate must have put in 5 years on the first day of April of the year in which the vacancy lies). In the result published and a subsequent communication, the fifth Respondent's provisional services were regularized, advancing her regular appointment to 3-11-2009 as a result of which her appointment related to the vacancy year 2015-2016 and the name of Applicant does not figure at all, vide Order, dated 30-4-2020. The question is, whether modification to the seniority list in midst of the selection is legally valid.