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 Dismissed |
Headnote | Service Law : Promotion-Eligibility-LDC in Ministry of Defence-Rendered more than 3 years of service as permanent employee-Transferred on compassionate ground on request of employee-Employee placed at the bottom of seniority list at transferred place-Held, period of service rendered by the employee at earlier place cannot be excluded from consideration in determining his eligibility for promotion-Eligibility and seniority are two distinct and different factors. Respondent was a Lower division Clerk in the Ministry of Defence. He appointed as a Store Keeper and become permanent on April 27, 1971. On June 6, 1977 he was transferred, on his request on compassionate ground and was placed at the bottom of the Seniority list of Store Keeper there. On August 22, 1980 the respondent was promoted to the post of Senior Store Keeper. In the meanwhile, a new post of Senior Store Keeper, Grade-I was created as an intermediate grade between Senior Store Keeper and Store Superintendent. One of his immediate senior was promoted to this intermediate grand. The respondent claimed that he should have also be promoted to the intermediate Grade-1 along with his senior as he should have been promoted to Senior Store Keeper.on January 31, 1978 instated of February 22, 1980. When his claim was not entertained he filed a writ petition. High Court directed the appellants to consider the claim of the respondent for ante-dating his promotion on ad hoc basis by applying the same rules and principles on which his immediate senior was promoted . The Departmental Promotion Committee after considering the claim passed an order that the respondent had completed 3 years of his regular service as Store Keeper commencing from June 6, 1977, only of June 7, 1980 and he could not be promoted as Senior Store Keeper earlier than 1980. The respondent challenged the order before the Central Administrative Tribunal, which allowed the claim of the respondent and directed the appellants to reckon the period during which the respondent worked as a permanent Store Keeper prior to his transfer as a period of qualifying service for the purpose of eligibility for promotion and consider the respondent for promotion as Senior Store Keeper, Grade-1 with effect from the date could be deemed to have put in three years of regular service as Senior Store Keeper. Hence, this appeal.The appellant contended that since the respondent had been transferred on compassionate ground, on his own request to the post of Store Keeper and was placed at the bottom of seniority list, the period of 3 years could be deemed to commence only from the date on which he was transferred. |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 1989 INSC 8 |
Petitioner | Scientific Advisor To Raksha Mantri |
Respondent | V.m. Joseph |
SCR | [1998] 1 S.C.R. 177 |
Judgement Date | 1998-01-14 |
Case Number | 3749 |
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