Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Seniority Service Law Determination of |
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: Seniority – Determination of – Of the employees of a statutory body – Different appointment letters issued to different categories i.e. General, OBC, SC and ST at different time – Date of appointment of appellants (candidates higher in merit list) was later than the date of appointment of respondents (candidates who were lower in the merit list) – Later seniority list declared on the basis of the merit list – Seniority list was challenged before the Tribunal taking the plea that the list should be as per the date of appointment and not merit list – Application dismissed – In writ petition High Court held that seniority in terms of Regulation 23 has to be determined from the date of appointment – Appeal to Supreme Court – Held: Regulation 20 mandates that appointments have to be made, in order in which the candidates stand in the list prepared under Regulations 16(2), 17 or 18 – Regulation 23 has to be read in terms of Regulation 20 – Therefore, irrespective of date of appointment, the seniority has to be fixed as per the merit of the candidate – The seniority has also not been framed keeping in view the Government Order dated 31st August, 2001 as mandated to be followed by Regulation 6 – Seniority also could not have been fixed as per Uttarakhand Government Servant Seniority Service Rules, 2002 – Such Rules since were framed under proviso to Art. 309 of the Constitution, are not applicable to a statutory body unless adopted by such body – Uttar Pradesh Jal Board Subordinate Engineering Service Regulations, 1978 – Regulations 6,16(2),17,18,20 and 23 – Uttarakhand Government Servant Seniority Service Rules, 2002 – r. 5. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 1332 |
Petitioner | Dharmendra Prasad & Ors. |
Respondent | Sunil Kumar & Ors. |
SCR | [2019] 14 S.C.R. 763 |
Judgement Date | 2019-12-06 |
Case Number | 9247 |
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