Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Seniority |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law-Seniority State of Kerala-General Secretariat Service-Assistant Grade-II-Promotion to Assistant Grade-I-Criteria for promotion-Purely by seniority subject to fitness-Completion of probation-Period for two years necessary-Appellant and respondents 2 to 9 appointed as Assistant Grade II-Appellant appointed prior to but joining subsequent to respondents-Vacancies occurring in Grade II-None of them having completed the requisite probation period provisional promotion given to them-Appellant given seniority over respondents-Respondents 2 to 9 are given the date of promotion which is prior to the date of promotion given to the appellant, thus making the appellant junior to respondents 2 to 9- This was done because although the appellant was senior to respondents 2 to 9 in the cadre of Assistants Grade IL her actual date of joining that cadre was later than the actual date of joining of respondents 2 to 9-As a result, earlier than the appellant and hence they became eligible for promotion earlier than the appellant-Held seniority does not depend upon these fortuitous circumstances-In the provisional promotion list inter-se seniority of Assistants Grade II was preserved-Jnter-se seniority on the date of regular promotion was also required to be preserved.Verghese v. State of Kerala, (1981) KL T 458, referred to. |
Judge | N/A |
Neutral Citation | 1998 INSC 90 |
Petitioner | P. Suseela Devi |
Respondent | Kerala Public Service Commission And Ors. |
SCR | [1998] 1 S.C.R. 879 |
Judgement Date | 1998-02-12 |
Case Number | 4356 |
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