| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | SERVICE LAW Quota for promotion |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | SERVICE LAW:Seniority between direct recruits and promotee AssistantEngineers - Held: Appellants were absorbed in RDDepartment as Overseers - Their previous service inHighways Department was also on the post of Overseers -Their claim for benefit of previous service on lower post ofOverseer for determining seniority on higher post of AssistantEngineer cannot be accepted - Appellants were promotedas Assistant Engineers much later than respondents- Assistant Engineers (direct recruits) had started dischargingtheir functions as Assistant Engineers in RD Department -Respondents had completed five years service as AssistantEngineers and under the relevant rules were eligible to bepromoted as Assistant Executive Engineers - Consequently,they were duly promoted as Assistant Executive Engineer - Thus, the action taken by State Government cannot be saidto be either arbitrary or violative of Art. 14 or 16 of theConstitution of India.Quota for promotion to post of Assistant Executive Engineer - Held: For promotion to the post of AssistantExecutive Engineer (RD), more than one mode of recruitmenti.e. promotion from Assistant Engineer (RD) and recruitmentby transfer from the feeder category of Junior Engineer andSenior Draughting Officer have been recognised and stipulated - Further, on the post of Assistant Engineer (RD)there is more than one mode of recruitment i.e. directrecruitment and recruitment by transfer from the feedercategory of Overseers - Therefore, rules providing ratio of6:2:~ cannot be said to be violative of Art. 14 or 16 of theConstitution - Further, fixation of quota/ratio is the prerogativeof the executive and in the instant case, the ratio was fixed inthe service rules framed under Art. 309 of the Constitution -Constitution of India, 1950 - Arts. 14, 16 and 309. |
| Judge | Hon'ble Mr. Justice S.S. Nijjar |
| Neutral Citation | 2013 INSC 658 |
| Petitioner | Tamil Nadu Rural Development Engineers Association |
| Respondent | The Secretary To Government Rural Development Department & Ors. |
| SCR | [2013] 9 S.C.R. 840 |
| Judgement Date | 2013-09-27 |
| Case Number | 8758 |
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