Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Claim for Service Law Promotion to the post of Junior Bailiff |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law – Promotion to the post of Junior Bailiff – Claim for – Various persons working as Record Clerks and Office Assistants in Erode District filed a writ petition before the High Court seeking promotion to the post of Junior Bailiff without insisting on the educational qualification of a pass in SSLC – Their claim was based on the High Court order dated 22.07.2009 in batch of cases and the fact that present vacancies arose before the enactment of Tamil Nadu Government Servants (Conditions of Service) Act, 2016 – The High Court rejected the claim on the ground that the previous judgment dated 22.07.2009 in the batch of cases is no longer of any relevance after coming into force of 2016 Act and that date on which vacancies arose cannot determine the Rule applicable for recruitment by promotion – On appeal, held: After the implementation of the recommendations of (i)The Shetty Commission and (ii) The Tamil Nadu v Pay Commission, no one was entitled to claim a right to promotion to the post of Junior Bailiff, without the prescribed essential qualification – The petitioners cannot take refuge under the failure of the Government to issue necessary amendment to Statutory Rules and the previous judgment of the High Court dated 22.07.2009 – Pending the issue of amendment to Statutory Rules, (i) The nomenclature of the post has changed and (ii) a higher scale of pay also given to the post – One cannot reap the benefit and ignore the requirement – The previous judgment of the High Court dated 22.07.2009 did not take into considerations any of these developments and hence cannot be cited as precedence by petitioners – Further, 2016 Act actually replaces the General Rules for the Tamil Nadu State and Subordinate Services – But Act does not override the Special Rules for Tamil Nadu Basic Service – The High Court and petitioners overlooked s.68 of the 2016 Act – However, the ultimate conclusion reached by the High Court is unassailable – No ground to interfere with the order of the High Court |
Judge | N/A |
Neutral Citation | 2020 INSC 464 |
Petitioner | R. Palanisamy & Ors. |
Respondent | The Registrar General, High Court Of Madras & Ors. |
SCR | [2020] 6 S.C.R. 588 |
Judgement Date | 2020-07-24 |
Case Number | 6439 |
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