Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Promotion - Department of Space Scientist/Technical Assistant - Merit based promotion - Elaborate procedure for assessing suitability followed for long time by the Department - On facts, candidates for promotion t absenting in almost all selection processes inspite of several opportunities - Not promoted - OA seeking direction to employer to evolve a new procedure for recommendations .of DPC - OA allowed and upheld by High Court - Justification of - Held: Not justified - In matter of promotion of Scientists Engineers working in area like Space, merit is prime consideration - Having taken unilateral decision of not appearing in interview, candidates cannot seek to take advantage of their own wrong - Direction issued by Tribunal upheld by High Court to evolve a new procedure for recommendations of DPC was unwarranted and is set aside. Respondent no.1 was working as technical Assistant ยทยท~ and respondent no.2 was working as Scientist Engineer 'SC' in appellant organisation i.e. LPSC, which was one of the five centres of ISRO under DOS. They were F considered by the Department Promotion Committee (DPC) for promotional post. However their case was deferred. After one year they were called again for interview. But they did not appear. Both the respondents filed-separate OA before the Tribunal. The Tribunal directed reconstitution of DPC by including a member of SC/ST ) community as prayed for by the respondents, which was duly complied with. Both the respondents were called for interview but they did not attend, in spite of several opportunities. Although they appearance before the Selection Committee but they ref~s~d to answer 'any of the questions put to them by DPC. Accordingly they were not recommended for promotion.The OAs were disposed of by the Tribunal directing the appellants to evolve a proper format for recording the minutes .of DPC taking into account the various requirements and then to hold a review DPC retrospectively. Aggrieved appellants filed writ petitions before the High Court, which were dismissed. Hence these appeals. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2009 INSC 229 |
Petitioner | Union Of India & Ors. |
Respondent | B. Annathurai & Anr. |
SCR | [2009] 2 S.C.R. 825 |
Judgement Date | 2009-02-20 |
Case Number | 1128-1129 |
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