NDLI: Sudhakar Baburao Nangnure Vs. Noreshwar Raghunathrao Shende & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law – Promotion – ‘Catch-up’ Rule service jurisprudence Seniority and Eligibility
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (vimukta Jatis Nomadic Tribes, Other Backward Classes and Special Backward Category (regulation of Issuance and Verification Of) Caste Certificate Act, 2000 (23 of 2001)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service Law – Promotion – ‘Catch-up’ Rule – Appellant,belonging to open category, joined service as Planning Assistant in the Government of Maharashtra – Appellant and the first respondent, Scheduled Caste, selected for the post of Town Planner on 1 st July, 1992 – Appellant promoted as Deputy Director of Town Planning (DDTP) on 1 st November, 2003– First respondent promoted as DDTP on 3 rd August, 2006 – In the promotional cadre of Joint Director of Town Planning (JDTP), the first respondent was promoted on 11 th August, 2011 while the appellant was promoted as JDTP on 2 nd July, 2013 – Appellant filed OA before the Maharashtra Administrative Tribunal – In the meanwhile, the first respondent was promoted as Director of Town Planning (DTP) on 30 th April,2016 – OA allowed – High Court set aside the said decision –Appellant filed Special Leave Petition – Withdrawn – Appellant filed review before the High Court – Dismissed – Appellant’s case that once he was promoted as JDTP, the ‘catch-up’ rule must govern and consequently, he must gain seniority over the first respondent and that the first respondent was not entitled to claim consequential seniority on the basis of his earlier promotion in the cadre of JDTP– Held: Preliminary objection to the present appeal that recourse to Supreme Court was barred after the High Court decided the review petitions, not accepted – Government Resolution dated 20th October, 1997 was issued stipulating that an officer belonging to Backward Class will retain seniority in the promotional cadre and that it was not necessary to revise the seniority – GR dated 20 th March, 2003 was issued referring to the said GR clarifying that the seniority between backward class and non-backward class candidates in government service in the promotional cadre would be governed by the regular date of promotion – Incorporating the principle of consequential seniority, GR dated 20 th March, 2003 adverted to r.4, 1982 Rules which stipulated that seniority in a post is determined by the length of continuous service – Further, GRdated 20 th March 2003 has not been abrogated upon the enactment of the 2004 Act – Said GR was not challenged before the Tribunal– Such a challenge cannot be entertained at this stage – Further,eligibility has to be considered on the date of the occurrence of the vacancy – On 30 th April, 2016, the appellant did not fulfill the eligibility of three years’ experience as JDTP, required for the post of DTP – Seniority by itself cannot prevail where a senior lacks eligibility for promotion – Even if accepted, the applicability of the catch-up rule will also not obviate the requirement of the appellant fulfilling the condition of eligibility for promotion, on the date when the vacancy occurred – Appellant has also not challenged the appointment of the first respondent as JDTP – Judgment of the High Court does not call for interference – Maharashtra Civil Services(Regulation of Seniority) Rules, 1982 – r.4 – Maharashtra State Public Services Reservation for Scheduled Castes, Scheduled Tribes,Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes Act, 2001 [Act VIII of 2004]– ss. 3-6, 11 - Directorate of Town Planning and Valuation(Recruitment) Rules, 2011 - r-3 - Consitution of India - Art. 16.Service Law – Promotion – Seniority and Eligibility – Held:Seniority and eligibility are distinct concepts in service jurisprudence– Seniority by itself cannot prevail where a senior lacks eligibility for promotion to a higher post.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 312
Petitioner	Sudhakar Baburao Nangnure
Respondent	Noreshwar Raghunathrao Shende & Ors.
SCR	[2019] 4 S.C.R. 945
Judgement Date	2019-03-05
Case Number	2468

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Sudhakar Baburao Nangnure Vs. Noreshwar Raghunathrao Shende & Ors.

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Sudhakar Baburao Nangnure Vs. Noreshwar Raghunathrao Shende & Ors.

Sudhakar Baburao Nangnure Vs. Noreshwar Raghunathrao Shende & Ors.

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