NDLI: Vimal Kumari Vs. State of Haryana and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law : Haryana Social Welfare and Relief Organisation Service Group 'C' Rules 1983
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law : Haryana Social Welfare and Relief Organisation Service Group 'C' Rules, 1983: Service Rules-Draft Rules-Not notified for about a decade-:--Nor the Government gave any explanation for not doing so-Employee reverted on the basis of Draft rules-Validity of-Held: If there is clear intention on the part of Government to enforce the draft rules in the near future, recourse to such draft rules is permissible to meet any emergent situation-However, if there is no intention to enforce or notify the rules at all recourse to such rules cannot be taken-This is because such draft rules cannot be treated as rules made under Art. 309-Further, draft rules cannot legally exclude the jurisdiction of the competent authority for regulating service conditions of employees by executive instructions-In the circumstances of the case, draft rules cannot be invoked for regulating promotion-Hence, reversion order of employee set aside-Constitution of India, 1950, Art. 309. Promotion-Criteria-Seniority-Basis for promotion-Held: In the absence of any other criterion seniority was rightly adopted as the basis for promotion. Back wages-Employee wrongly reverted-Held: Order of reversion quashed-Direction issued for payment of all consequential benefits including arrears of salary.The appellant was appointed as Tailoring Instructor and subsequently promoted as Superintendent. The promotion was made on the basis of seniority as there were no departmental provisions to specifically regulate the promotion. However, respondent nos. 3 and 4 challenged the promotion before the High Court on the ground that they were graduates and, therefore should have been promoted in place of the appellant in terms of the Draft Rules known as Haryana Social Welfare Organisation Service Group 'C' Rules, 1983. The High Court accepted this contention and accordingly respondent no. 3 was promoted to the post of Superintendent in place of the appellant who was reverted to the post of Tailoring Instructor. Hence this appeal. On behalf of the appellant it was contended that the Draft Rules had not been enforced and consequently promotion to the post of Superintendent could have been regulated only on the basis of executive instructions by adopting "seniority" as a criterion.
Judge	Hon'ble Mr. Justice S. Saghir Ahmad
Neutral Citation	1998 INSC 66
Petitioner	Vimal Kumari
Respondent	State Of Haryana And Ors.
SCR	[1998] 1 S.C.R. 658
Judgement Date	1998-02-04
Case Number	4721

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Vimal Kumari Vs. State of Haryana and Ors.

Please Log-in to view this content

B.s. Murthy & Ors Vs. A. Ravinder Singh & Ors.

State of Uttar Pradesh Vs. Jalal Uddin and Ors

Ran Singh Malik Vs. State of Haryana and Ors.

Sweety Kumari Vs. The State of Bihar and Others

O.p. Lather and Ors. Vs. Satish Kumar Kakkar and Ors.

The Registrar General, High Court of Madras Vs. M. Manickam and Ors.

State of Bihar & Ors. Vs. Dr. Chaitraya Kumar Singh & Ors.

State of Haryana and Anr. Vs. Abdul Gaffar Khan and Anr.

Kumari Laxmi Saroj & Ors. Vs. State of U.p. & Ors.

Vimal Kumari Vs. State of Haryana and Ors.

Vimal Kumari Vs. State of Haryana and Ors.

Please Log-in to view this content

Similar Documents

B.s. Murthy & Ors Vs. A. Ravinder Singh & Ors.

State of Uttar Pradesh Vs. Jalal Uddin and Ors

Ran Singh Malik Vs. State of Haryana and Ors.

Sweety Kumari Vs. The State of Bihar and Others

O.p. Lather and Ors. Vs. Satish Kumar Kakkar and Ors.

The Registrar General, High Court of Madras Vs. M. Manickam and Ors.

State of Bihar & Ors. Vs. Dr. Chaitraya Kumar Singh & Ors.

State of Haryana and Anr. Vs. Abdul Gaffar Khan and Anr.

Kumari Laxmi Saroj & Ors. Vs. State of U.p. & Ors.

Vimal Kumari Vs. State of Haryana and Ors.