Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1908: S. 11 1950 : Article 226 Civil Procedure Code Service Law: Promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law :Promotion-Retired employee's juniors were given promotion after his retirement-Validity of-Held : Retired employee could have a grievance only if his juniors were promoted prior to his superannuation-But he cannot complain when promotions were made after his retirement.Promotion-Non-grant of-Due to administrative inaction-Held, did not entitle the employee to retrospective promotion from the date vacancy arose-However; delay in filling up of vacancy deprecated-Hope expressed that in future timely promotion would be given in order to avoid disappointment to the employees-Administrative Law.Judiciary-Vacancies--Held, it is not at all advisable to keep any post vacant in judiciary when courts are burdened with arrears and litigants are the ones who suffer-Further, ad hoc promotions should have been given pending regular appointment. Constitution of India, 19550 : Article 226Res judicata-Applicability of-Writ petition permitted to be withdrawn with liberty to file representation and also to file a fresh writ petition "if the occasion arose''-Held : Second writ petition not barred by principle of res judicata since the employee's representation was rejected'-Code of Civil Procedure, 1908-S. 11.The appellant was a member of the Rajasthan Judicial Service (RJS) and retired on superannuation on 31.5.1996. The appellant filed a writ petition before the High Court claiming that his case for promotion to the Rajasthan Higher Judicial Service (RHJS) be considered from the date when the posts in RHJS fell vacant. However, the writ petition was permitted to be withdrawn with liberty to file a representation and also to file a fresh writ petition "if any occasion arose".The High Court (Administrative side), however, look a decision in its Full Court meeting on 9.2.1996 not to promote the officers from RJS cadre to RHJS cadre till direct recruitment from the Bar was made in order to prevent imbalance between the strength of promotees and direct recruits. However, it was found that no officer junior to the appellant was promoted before his superannuation. Bot four officers who were juniors to the appellant were promoted after the appellant had retired. The appellant's representation was rejected and, therefore, the appellant filed a second writ petition claiming the same relief. The High Court dismissed this petition on the ground that it was barred by the principle of res judicata. Hence this appeal. |
Judge | Hon'ble Mr. Justice D.P. Wadhwa |
Neutral Citation | 1998 INSC 339 |
Petitioner | Baij Nath Sharma |
Respondent | Honble Rajasthan High Court At Jodhpur And Anr. |
SCR | [1998] Supp. (1) S.C.R. 307 |
Judgement Date | 1998-09-02 |
Case Number | 4563 |
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