reported in (2020) 5 SCC 689 wherein, the Apex Court has held that as a general principle of law, a direct recruit cannot get backdated notional seniority earlier than his entry into the service. By this decision, the earlier judgment of the Apex Court rendered in Union of India & Ors. -Vs- N.R. Parmar & Ors. , reported in (2012) 13 SCC 340 was overruled. Relying on this judgment, learned senior counsel for the appellants contended that it is no longer res integra that a person cannot claim seniority in the cadre prior to his date of appointment. On the basis of the legal principle laid down by the Apex Court in this judgment, it was submitted that the direction of the learned Single Judge that the private respondents/writ petitioners, who had joined in their respective posts in the cadre of CDPO in the year 2001, were to be placed above the appellants, who were regularized in their services vide the order dated 17.07.2000, is contrary to the settled principles in service jurisprudence as well as to the judgments of the Apex Court, as referred. It is, therefore, submitted that the judgment of the learned Single Judge being contrary to the law laid down by the Apex Court needs interference and the same should, therefore, be set aside and the Provisional and Final Gradation List published by the States respondents should be upheld.
