NDLI: Vinod Verma Vs. Union of India & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Determination of by executive instructions vis-a-vis statutory rules Seniority Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	telecommunications Engineering Service (Group “B” Posts) Recruitment Rules, 1996 – Post of Sub-Divisional Engineer governed by 1996 Rules – Junior Telecom Officers eligible for promotion under two methods- 75% on the basis of seniority-cum-fitness and 25% on the basis of departmental competitive examination – In 2001, the appellant was promoted as Sub-Divisional Engineer under the seniority-cum-fitness quota – Department announced the Limited Departmental Competitive Examination (LDCE) for promotion for the 25% quota for vacancies after 22.07.1996 – Appellant also appeared in the Departmental Competitive Examination – Promotion order issued for the promotion of LDCE successful candidates – Promotions also made against the 75% category for the subsequent years – Seniority list of Sub-Divisional Engineers issued – Challenged in various Benches of Central Administrative Tribunal – In CAT, Chandigarh Bench, case titled Dewan Chand & Ors. vs. Union of India was filed wherein the Tribunal vide order dated 25.08.2009 quashed the seniority list and directed redrawing the seniority list – Appellant was not party to the said case – Appellant filed review petition before the Tribunal – Dismissed on 18.01.2010 – Writ Petition filed by the appellant challenging the orders dated 25.08.2009 and 18.01.2010 – Dismissed – SLP filed by the appellant – Dismissed with liberty to file review application before the High Court – Appellant filed review application – Rejected – On appeal, held: Present appeal is covered by three-Judge Bench judgment of Supreme Court dtd. 12.08.2014 in Rajesh Banta & Ors. vs. Dewan Chand & Ors. and BSNL vs. S.K. Dubey – Against the judgment of Tribunal dated 25.08.2009 in Dewan Chand vs. Union of India, a writ petition was filed in Punjab and Haryana High Court titled Rajesh Banta and others vs. Central Administrative Tribunal and others – Thus, in the said writ petition the same order of the Tribunal dated 25.08.2009 was under challenge which has been challenged by the appellant herein – Supreme Court vide order dated 12.08.2014, following judgment of the same day in BSNL vs. S.K. Dubey, dismissed the said writ petition which was filed challenging the order of CAT in Dewan Chand – Accordingly, writ petition filed by the appellant is also dismissed – Constitution of India – Art.309 – Service Law. Service Law – Seniority – Determination of, by executive instructions vis-a-vis statutory rules – Held: Determination of seniority can be provided by the Executive instructions if the subject matter is not covered by the statutory rules.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 451
Petitioner	Vinod Verma
Respondent	Union Of India & Ors.
SCR	[2019] 6 S.C.R. 1014
Judgement Date	2019-04-02
Case Number	14967

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