NDLI: D. Raghu and Others Vs. R. Basaveswarudu and Others Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law – Appellants in C.A Nos.1970-1975 of 2009 (concerning entitlement to promotion to the post of Inspector, Central Excise) were originally recruited as Data Entry Operators (DEOs) Grade ‘A’ and working as Data Entry Operators Grade ‘B’ from the year 2000 – Challenged notice dated.05.11.2002 seeking to confine promotion to the post of Inspector to category of Tax Assistant, Upper Division (UD) Clerk, Stenographer GradeII, etc., with certain years of experience – Tribunal directed the appellants to be considered for promotion to the post of Inspectors – Challenged by Union of India and official respondents – High Court set aside the order inter alia holding that Writ Petitioners had legal right, under the erstwhile 1979 Rules, to be considered for promotion to the vacancies arising prior to the 2002 Rules which came to be made w.e.f 07.12.2002 in regard to the post of Inspector – It also found that it was only when the Senior Tax Assistant Rules, 2003 (STA Rules, 2003) were made in the year 2003 that the restructuring in the Department, to which the Cabinet gave its approval on 19.07.2001, came into effect – Regarding vacancies arising after 07.12.2002, it was left undecided – C.A No. 1976 of 2009 relates to the right to be promoted to the post of U.D.Clerk & Tax Assistant in Central Excise Department – High Court allowed writ petition filed against the Order of the Tribunal therein and found that promotions to the post of UDC and Tax Assistant must be effected on the basis of the rights crystallized under the 1979 Rules, as amended – Held: Promotion to the post of Inspector was governed by the 1979 Rules till 07.12.2002 – Under the 1979 Rules, DEOs were not among the feeder categories for promotion as Inspector – By order dtd. 19.07.2001, Cabinet approved restructuring of certain posts including the post of Inspector – Thereunder, the post of DEO Grade ‘B’ among other categories, were merged and the cadre of Senior Tax Assistants emerged – However, the restructured cadre of Senior Tax Assistants, did not come into being – It was born with the bringing into force of the STA Rules, 2003, on 20.01.2003 – Tribunal proceeded on the basis that the restructuring became complete with the issuance of order dtd. 19.07.2001 – Appellants are not entitled to have seniority determined in respect of vacancies of Inspector arising prior to 07.12.2002 – Appellants are eligible to be considered for promotion from 20.01.2003 and are entitled to add their service as DEO Grade ‘B’ for the purpose of the 2002 Inspector Rules and considered for vacancies to be filled by promotion, which arose after 07.12.2002 – Persons in Clause (a) u/Column 12 of the 2002 Rules, are also entitled to be considered for two years from 20.01.2003 – Seniority is to be considered based on r.5, STA Rules – Said exercise, if not carried out already shall be carried out – Further promotions based on the above will be granted – However, the promotions shall be notional where promotions have already been effected, entitling the parties to seniority and pensionary benefits – In C.A. No. 1976 of 2009, no fault is found with the order of High Court – Central Excise and Land Customs Department Group ‘C’ Posts Recruitment Rules, 1979 – Electronic Data Processing Discipline (Group-E Technical Post) Recruitment Rules, 1992 – Central Excise and Land Customs Department Inspector (Group ‘C’ posts) Recruitment Rules, 2002 – Central Excise And Customs Department Senior Tax Assistant (Group ‘C’ Posts) Recruitment Rules, 2003 – Central Excise And Customs Department Tax Assistant (Group ‘C’ Posts) Recruitment Rules, 2003 – Interpretation of Statutes
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2020 INSC 130
Petitioner	D. Raghu And Others
Respondent	R. Basaveswarudu And Others Etc.
SCR	[2020] 5 S.C.R. 74
Judgement Date	2020-02-05
Case Number	1970

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

D. Raghu and Others Vs. R. Basaveswarudu and Others Etc.

Please Log-in to view this content

Union of India and Anr. Vs. R. Sarangapani and Ors. Etc. Etc.

Union of India and Others Vs. N Murugesan Etc.

Union of India and Others Vs. R. Reddappa and Another

Union of India and Others Vs. Col. (ts) P. D. Poonekar

R. D. Kaushal and Ors. Vs. Union of India and Ors.

Jagjit Singh and Others Etc. Etc. Vs. State of Punjab and Another Etc. Etc

Union of India Etc. Etc Vs. N.p. Dhamania, Etc. Etc.

Jatinder Pal Singh and Ors. Etc. Etc Vs. State of Punjab

R. Sulochana Devi Vs. D.m. Sujatha and Ors

D. Raghu and Others Vs. R. Basaveswarudu and Others Etc.

D. Raghu and Others Vs. R. Basaveswarudu and Others Etc.

Please Log-in to view this content

Similar Documents

Union of India and Anr. Vs. R. Sarangapani and Ors. Etc. Etc.

Union of India and Others Vs. N Murugesan Etc.

Union of India and Others Vs. R. Reddappa and Another

Union of India and Others Vs. Col. (ts) P. D. Poonekar

R. D. Kaushal and Ors. Vs. Union of India and Ors.

Jagjit Singh and Others Etc. Etc. Vs. State of Punjab and Another Etc. Etc

Union of India Etc. Etc Vs. N.p. Dhamania, Etc. Etc.

Jatinder Pal Singh and Ors. Etc. Etc Vs. State of Punjab

R. Sulochana Devi Vs. D.m. Sujatha and Ors

D. Raghu and Others Vs. R. Basaveswarudu and Others Etc.