Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Forest Service - Promotion - Fixation of seniority under Madhya Pradesh Class III (Non-Ministerial) Forest Service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Forest Service - Promotion - Fixation of seniority under Madhya Pradesh Class III (Non-Ministerial) Forest Service Recruitment Rules, 1967 - The Foresters, who were recruited and deputed to different circles, approached the Tribunal with a specific grievance that on account of posting in a particular circle, some of the Foresters got accelerated promotions to the post of Deputy Ranger and, thereafter to the post of Forest Ranger; thereby, the erstwhile juniors in the cadre of Foresters in the same service, solely on fortuitous circumstances, became their seniors in the cadre of Rangers - Held: The legal position is that the members of the same service getting accelerated promotion merely on account of fortuitous postings in a particular circle cannot steal a march over their seniors in the higher posts in the same service - However, in the instant case, none of the parties could explain how the seniority is fixed in the cadre of Foresters, Deputy Rangers and Rangers - Therefore, matter is remitted to High Court for consideration afresh - Appeal disposed of Land Acquisition Act, 1894 - s. 30 - Reference under - For refund of the earnest money by respondent no. 1 - Adjudication of. when several civil suits with respect to refund of earnest money and for specific performance of the agreement to sale were filed by the respondent no.1 earlier in point of time - Held: Once remedy in the form of civil suits had been resorted to, it was not at all proper exercise of power to invoke provisions u/s. 30 with regard to apportionment of the compensation by directing refund of earnest money - It is not mandatory to make reference to the civil court u/s. 30 and adjudication of dispute in an appropriate case can be ordered by way of the civil suit - Civil court was already in seisin of the matter as such Reference court rightly rejected the reference made u/s. 30 and rightly asked parties to await outcome of the regular civil suits - Order passed by the High Court for refund of the earnest money set aside . |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 798 |
Petitioner | Ramesh Chandra Sharma & Ors. |
Respondent | State Of Madhya Pradesh & Anr. |
SCR | [2017] 7 S.C.R. 578 |
Judgement Date | 2017-08-23 |
Case Number | 10787-10788 |
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