Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law-Appointment- Quota for promotion vis-a-vis direct recruitment - |
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-Appointment- Quota for promotion vis-a-vis direct recruitment -Appellants serving as Section Offic-ers - In terms of the recruitment rules, for the next promo-tional post of Assistant Engineers, 60% of the posts to befilled up by promotionĀ· and 40% by direct recruitment - Fi-nancial crunch faced by the State Government, policy deci-sion imposing total ban on appointment under direct recruit-ment quota - However, issuance of letter by the Departmentto initiate the process for direct recruitment to the said post-Writ petition by appellants seeking quashing of the letter-Single Judge held that since the Government had lifted theban on direct recruitment partially in respect of certain postsincluding the post of Assistant Engineer, the action taken bythe Department for filling up the vacancies in the grade ofAssistant Engineer against direct recruitment quota cannotbe faulted with- In appeal before this Court, case of the ap-pellants that the quota prescribed for promotion and directrecruitment would apply to vacancies and not to posts in thecadre and the Department have not only applied the quotato the cadre strength but also carried forward almost all thevacancies on the erroneous supposition that they are meantfor direct recruitment- Held: As fairly submitted by the Statethat still there are 16 vacancies available against the pro-motion quota and the appellants come within eight in theseniority list, appellants' case would be considered for pro-motion against the promotion quota - PWD, IFCD and PHED,Manipur Assistant Engineer (Civil! Meehan/cal) !AssistantSurveyor of Works Recruitment Rules, 2009. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 629 |
Petitioner | Ksh. Lakshaheb Singh And Others. |
Respondent | State Of Manipurand Others |
SCR | [2015] 10 S.C.R. 439 |
Judgement Date | 2015-09-02 |
Case Number | 6738 |
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