Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Punjab & Sind Bank (Officers) Regulations 1982 Seniority Claim of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law:Punjab & Sind Bank (Officers) Regulations, 1982 - Reg 18 - Seniority - Claim of, by the appellants - Appellants promoted from Junior Management Grade Scale-I (JMGS-1) to Middle Management Grade Scale-II (MMGS-11) and thereafter, horizontally transferred to the Specialist Electronic Data Processors Cadre within the MMGS-11 in the year 1997 - Some officers belonging to the JMGS-1 cadre promoted vertically as Electronic Data Processors, later in the year 1997 - Seniority between the promotees from the JMGS-1 and those appointees as Electronic Data Processor, by horizontal movement, including the appellants from the MMGS-11 - Held: Seniority between employees is a vested right - Adjudication of the inter-se seniority between the appellants, and other promotees from the JMGS-1, 1s to be determined, on the basis of the prevailing Rule which was Reg 18 - Under Reg 18, the date of appointment to a grade or scale would determine the superiority on the subject of seniority - Appellants came to the higher scale, on an earlier date vis-a-vis those who came to be promoted to the Specialist Cadre, from the JMGS-1 - Thus, the appellants are superior, on the subject of seniority, with reference to promotees from the JMGS-1 - Government Circular dated 26.9.2002, cannot be taken into consideration to determine the seniority of the appellants since it was issued well after the inter-se seniority between the appellants and the promotees, was determined under Reg 18 - A communication issued subsequently, would not alter the inter- se seniority position, which had crystallized earlier under the existing 1982 Regulations - Government Circular cannot have an overriding effect, over the prevailing 1982 Regulations - As regards, appellants claim to consider them for promotion to MMGS-111, respondent-Bank directed to carry out the said promotion exercise. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2014 INSC 1038 |
Petitioner | Rakesh Mehta And Others |
Respondent | Punjab And Sind Bank |
SCR | [2014] 11 S.C.R. 278 |
Judgement Date | 2014-12-09 |
Case Number | 10908 |
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