Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Seniority |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Seniority - Failure to clear departmental examination - Consequence of - Appellant, District Transport Officer, failed to pass departmental examination within prescribed time limit and chances -Respondent-employer enforced the Rules against the appellant and placed him below those who passed the examination prior to him...:. Justification of - Held: Justified - The Rules were statutory in nature and required to be followed by all concerned - Rule relating to appearance at the examination and failure to pass the same entailed the consequences laid down in the rule - There was no act of arbitrariness or otherwise on the part of respondent employer - District Transport Officers (Motor Vehicle Department) Department Examination Rules, 1984 - rr. 3, 4, 5 and 6.Appellant was appointed as a District Transport Officer in 1984. He failed to pass the departmental examination in terms of the District Transport Officers (Motor Vehicle Department) Department Examination Rules, 1984 within the time limit and chances, as prescribed. Employees who were junior to appellant were purportedly promoted to the post of the Deputy Regional Transport Officer, on which appellant filed an application before the Administrative Tribunal. The Tribunal dismissed the application in view of r.5(3) holding that as the appellant had not passed the departmental examination within the stipulated time limit and chances, he was bound to lose seniority for purpose of promotion. The writ petition filed by |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 179 |
Petitioner | Sharad |
Respondent | State Of Maharashtra & Anr. |
SCR | [2009] 2 S.C.R. 58 |
Judgement Date | 2009-02-12 |
Case Number | 937 |
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