Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Armed Forces |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Armed Forces Headquarters Civil Service Rules, 1968 - Rule 16, Schedule Ill - Promotion of Assistants to the grade of Assistant Civilian Staff Officers - Direct recruits and promotees regularly appointed/promoted within their respective quota - Inter se seniority between - Determination of - Held: Is on basis of length of continuous officiation in the grade of ACSO from their respective appointment to substantive vacancies within their quota - On late induction of direct recruits, quota reserved for them does not lapse nor quota rule breaks down - Continuous officiation in service without break gives them benefit of seniority - But, when recruitment is from two sources and quota is prescribed, person from one source cannot take benefit available to other source within quota - Promotees who have been promoted within their quota of 75% under the Rules would get benefit of continuous officiation from the date of their substantive appointment to the substantive post - Those appointed temporarily from the cadre of Assistants to that of Assistant Civilian Officers temporarily would not get benefit - They would be reverted when nominees join from UPSC. |
Judge | Hon'ble Mr. Justice Lokeshwar Singh Panta |
Neutral Citation | 2008 INSC 212 |
Petitioner | Afhq/isos Sos (dp) Association & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2008] 2 S.C.R. 1183 |
Judgement Date | 2008-02-19 |
Case Number | 1384 |
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