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Supreme Court Of India

(From : Gauhati)

Hon'ble Judge(s): Anil R. Dave, Vikramajit Sen , JJ

Constitution of India , Art.16— Seniority - Determination - Limitation - Employee remained unauthorisedly absent from duties and again approached for reappointment on ground that he had gained better educational qualification - He was given fresh appointment on that ground - He made representation for his seniority in services from day on which he was initially appointed - Representation rejected - His seniority was fixed in pursuance of his fresh appointment -- Suit filed after thirteen years from date of his fresh appointment was time barred - Date of rejection of last representation cannot be held to be date on which cause of action had arisen - Moreso, as there was no provision with regard to any statutory appeal. (Para 13 14)