NDLI: Girish Kumar Vs. State of Maharashtra and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1967m Appendix IX 1982 r.5 Maharashtra Civil Services (Regulation of Seniority) Rules Maharashtra Zilla Parishads District Services (Recruitment) Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (5 of 1962)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967 – Appendix IX – Maharashtra Civil Services (Regulation of Seniority) Rules, 1982 – r.5 – Appellant was promoted to the post of Office Superintendent by order dated 22.10.2007, however, w.e.f 07.10.2005 – Respondent No.3-Junior Assistant was undergoing a departmental enquiry, however he was exonerated in departmental enquiry on 15.06.2006 – Considering r.5 of 1982 rules, he was promoted as Senior Assistant on 06.11.1999 and thereafter, he was promoted as Office Superintendent on 22.10.2007 – Respondent No.3 was granted deemed date of promotion to the post of Office Superintendent w.e.f 07.10.2005 – Respondent No.3 was placed in the higher position in the seniority list above the appellant and was consequently promoted as Section Officer on 01.02.2008 – Writ Petition by the appellant – High Court directed appellant to approach the Additional Divisional Commissioner – Additional Divisional Commissioner allowed the appeal of the appellant and set aside the order of promotion of respondent no.3 – Writ petition by respondent no.3 – High Court set aside the order of the Additional Divisional Commissioner – On appeal, held: Respondent no.3 was granted the deemed date of promotion to the post of Office Superintendent with effect from 07.10.2005 – However, he was actually promoted as Office Superintendent on 22.10.2007 – Therefore, in fact, he has rendered service as Office Superintendent only from 22.10.2007 – As per Appendix IX to the Recruitment rules, 1967, the eligibility for appointment to the promotional post of Section Officer requires three years continuous service – The language used in Appendix IX is unambiguous, simple and plain – Therefore, on a fair reading of Appendix IX of the Recruitment Rules, 1967, to become eligible for the promotional post of Section Officer, a person ought to have rendered continuous service of not less than three years – In the instant case, respondent no.3 had not completed three years of service for a continuous period of not less than three years in the feeder cadre in District Service (Class III) (Ministerial) Grade II, therefore, he was not eligible for promotion to the post of Section Officer – The High Court committed a grave error in holding otherwise – Thus, the Additional Divisional Commissioner, rightly allowed the appeal and set aside the order of promotion of respondent no.3. Maharashtra Zilla Parishads District Service (Recruitment) Rules, 1967 – Maharashtra Civil Services (Regulation of Seniority) Rules, 1982 – Distinction between the rules – Discussed.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 665
Petitioner	Girish Kumar
Respondent	State Of Maharashtra And Others
SCR	[2019] 7 S.C.R. 881
Judgement Date	2019-05-10
Case Number	4894

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Girish Kumar Vs. State of Maharashtra and Others

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