Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service matters Limitation Ad hoc 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:Ad hoc promotion - Granted to junior - Held: A seniorhas right to be considered even for adhoc promotion -- Ifseniors are eligible as per the rules and there is no legaljustification to ignore them, the employer, at his whim orcaprice, cannot extend the promotional benefit to a junior onad hoc basis.Ad hoc promotion - Granted to junior - Belated claim byseniors to promote them from the date their junior was grantedad hoc promotion - However on regular promotion, theirseniority in promotional post maintained - Held: Thoughclaim of promotion is based on the concept of equality andequability, relief has to be claimed within a reasonable time-- In the instant case, cause of action had arisen for assailingthe order when junior employee was promoted on ad hoc basis-- A stale claim of getting promotional benefits should nothave been entertained by Tribunal and accepted by HighCourt -- Direction given by Tribunal which has been concurredwith by High Court, being unsustainable in law, is set aside -Delay/Laches.Service matters - Limitation - Held: The issue oflimitation or delay and /aches should be considered withreference to the original cause of action -- A mere submissionof representation to competent authority does not arrest time. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 560 |
Petitioner | State Of Uttaranchal And Another |
Respondent | Sri Shiv Charan Singh Bhandari And Others |
SCR | [2013] 9 S.C.R. 609 |
Judgement Date | 2013-08-23 |
Case Number | 7328-7329 |
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