Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Seniority Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Seniority - Weightage of service forpurposes of seniority - Andhra Pradesh Engineering Service- Grant of retrospective seniority benefits to Supervisors ontheir appointment as Junior Engineers - Challenged - Held:Retrospective operation can be given to statutory rules - But,retroactivity must still meet the test of Arts. 14 and 16 of theConstitution and must not adversely trench upon theentitlement of seniority of others - Retrospective senioritycannot be given to an employee from a date when he was noteven born in the cadre - So also, seniority cannot be givenwith retrospective effect so as to adversely affect others -Injustice ought not to be done to one set of employees inorder to do justice to another set - On facts, grant ofretrospective seniority to Supervisors adversely impacted onthe promotion chances of existing Junior Engineers bybringing them down in seniority - This was impermissible -To pass the scrutiny of Art.14 of the Constitution, seniority ofSupervisors to be reckoned only from the date on which theysatisfied all the real and objective procedural requirementsof the Service Rules and the law laid down by Supreme Court- This did not happen in the present appeals creating asituation of unreasonableness and unfairness - Some of theSupervisors were given retrospective seniority on the datewhen they were not even eligible for appointment as JuniorEngineers - This was impermissible, more particularly whenthere was no indication of the vacancy position, that is, whether the Supervisors could be adjusted in the grade of JuniorEngineers from the date on which they were given notionalretrospective seniority - Grant of retrospective seniority toSupervisors on their appointment as Junior Engineersviolated Art. 14 of the Constitution - Weightage of servicegiven to the Supervisors could be taken advantage of onlyfor the purpose of eligibility for promotion - It could not beutilized for obtaining retrospective seniority over and abovethe existing Junior Engineers - Constitution of India, 1950 -Arts. 14 and 16. AService Law - Seniority - Weightage of service forpurposes of promotion and weightage of service for purposesof seniority in a grade - Distinction between. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2013 INSC 420 |
Petitioner | P. Sudhakar Rao & Ors. |
Respondent | U. Govinda Rao & Ors. |
SCR | [2013] 13 S.C.R. 540 |
Judgement Date | 2013-07-03 |
Case Number | 1712-1713 |
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