Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Promotion-Central Water Engineering (Group-A) Service-Appointment to the post of Dy. Director/Executive Engineer-Reservations policy/scheme for Scheduled Tribe candidates--Procedure to be followed-Interpretation of Office Memoranda issued in this regard and the scheme underlying it.The appellant who belongs to S.T. community was holding the post of Assistant Director/Assistant Executive Engineer in Central Water Engineering (Group-A) and was eligible for promotion to the next grade of Deputy Director/Executive Engineer. His name was included in the panel of selected candidates and was placed at SI.No. 26 in the combined list. Persons at sl.no.1 to 22 In the panel were promoted and the appellant was not promoted. He approached the Central Administrative Tribunal claiming that since 22 persons were promoted, atleast there could be one Roster point belonging to Scheduled Tribe candidate against which he could have been promoted. The Respondents contested the appellant's-application by stating that 75 vacancies were expected upto 31.U.90 and accordingly the panel was prepared; that as per the directions contained in Office Memorandum No. 27/2171-E(SET) dated 27.11.1972 issued by the Department of Personnel, three separate lists one of general candidates and the other two of SC and ST respectively were prepared and were merged into one combined list in which the names of all the selected officers including those belonging to Scheduled Castes and Scheduled Tribes were arranged in the order of their inter-se seniority in the feeder cadre; that the number of vacancies as were anticipated did not come through and they could promote only 22 officers from the combined list and that the appellant's chances of promotion would come according to his placement in the approved panel. The Tribunal, after analysing the Office Memorandum dated 27.11.1972, took the view that the respondents committed no illegality in promoting the 22 persons. Thus it rejected the application of the appellant.In this appeal against the abovesaid order, the appellant contended that atleast one post could have been available for Scheduled Tribes when 22 promotions were ordered and that he could have been promoted against such a vacancy. |
Judge | Hon'ble Mr. Justice Faizanuddin |
Neutral Citation | 1995 INSC 178 |
Petitioner | P. Sheshadri |
Respondent | Union Of India And Anr. |
SCR | [1995] 2 S.C.R. 621 |
Judgement Date | 1995-03-09 |
Case Number | 3265 |
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