Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Inter se Seniority |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law Inter se Seniority-Assistant Engineers in Telecommunication Department-Direct recruitment till 1969-Set of rules framed-When the rules were in draft form Asst. Engineers cadre vacancies filled-50% by direct recruit-And 50% by promotion from among Junior Engineers-All these promotions on as hoc basis-Draft rules approved by the Govt.-Ad hoc promotions regularized-Fresh seniority list on merit-- Challenged before CAT-Order of CAT to prepare fresh list without quota/ rota-On appeal Held: inter se seniority of promotees and direct recruits has to be on rotation of vacancies and on quota of vacancies reserved-Government order of Ministry of Home affairs dated 22/12/59 applicable, ·before the statutory rules were framed.Prior to 1969 Asst Engineers in the Telecommunication department were recruited directly. In 1969, a set of rules was framed thereunder it was provided that 50 percent of the vacancies in the post of the Asst. engineer will be filled up by direct recruitment and 50 percent by promotion from amongst junior engineers. On 21st Feb. 1976 draft rules were approved by the Government and became statutory rules. During the period when the rules were in draft form, the vacancies in the post of Asst. engineers continued to be filled both by direct recruitment as well as promotion on 50:50 basis by virtue of an administrative decision. All the promotions during 1969-1976 were on ad hoc basis. Departmental promotion committee in 1978 regularised all ad hoc posts, screened all the promotes and drew fresh seniority list on the basis G of merit. The promotees who were brought down in the merit list, challenged the Government decision before the Central Administrative Tribunal. The seniority in the cadre of Assistant Engineer was claimed on the basis of continuous service in the rank of Asst. Engineer. The Tribunal accepted the claim of the promotees and passed an order quashing the seniority list and directing the govt. to draw the fresh seniority list without importing any quota/rota rule for the period prior to 1976. The direct recruits were neither party not the question of inter se seniority between the direct recruits and the promotees was under consideration.In fact the seniority list of the Asst Engineers promoted and recruited for the period 1969 to 1976 was drawn by the Govt on basis of administrative decision, as contained in the draft rules and in accordance with clause (6) of memorandum dated 22nd Dec. 1959 issued by the Ministry of Home Affairs. For the period 1969-1976, when the rules were in draft form the inter se seniority of direct recruits and promotees in the cadre of Assistant Engineers has to be determined in accordance with the above said Government Order, which stipulates that the relative seniority shall be determined according to the rotation of vacancies between the direct recruits and promotees which shall be based on quota of vacancies reserved for direct recruits and promotees respectively. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1998 INSC 79 |
Petitioner | Abraham Jacob And Others |
Respondent | Union Of India |
SCR | [1998] 1 S.C.R. 780 |
Judgement Date | 1998-02-11 |
Case Number | 12386 |
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