Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Promotion - Seniority - Respondent no. l filed writ petition challenging his non-inclusion in the select list/or promotion to the post of Deputy Superintendent of Police for the years 2000 and 2001 |
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 - Seniority - Respondent no. l filedwrit petition challenging his non-inclusion in the select list/or promotion to the post of Deputy Superintendent of Police for theyears 2000 and 2001 - High Court allowed the inclusion ofrespondent in select list for the year 2001 vide order dated 8th April,2010 - Pursuant thereto, concerned authorities not only gaverespondent no. l notional promotion to the post of DeputySuperintendent of Police (non-JPS) w.ef 19'h March, 2001,but also,later on considered him for' JPS cadre in 2010 - Appellant filedseparate writ appeals challenging an earlier order dated 23th june,2004 of High Court (wherein the State authorities were directed toconsider the case of respondent no. l for inclusion in select list)and also said order dated 8'h April, 2010 - Both writ appeals dismissed by the Division Bench of High Court - Contention ofappellant that the decision to promote respondent No.1 against thevacancy in 2001 was illegal - Held: There is no infirmity in thejudgment dated 23rd June, 2004, as it gave benign direction to theState authorities to consider the case of the respondent no. l inaccordance with law and nothing more - Thereafter, competentauthorities, rightly, while considering the fact that respondent no. lwas awarded major punishment and which was still operating duringcheck period, rejected his inclusion in select list for vacancies of2001, however, decided to include him in the select list for the year2003 vide order dated 20'" November 2004 - However, High Court had wrongly quashed the order dated 20'h November 2004 anddirected inclusion of respondent in the select list for the year 2001vide its judgment dated 8'" April, 2010, which upgraded respondentno. l and made appellant junior to him - Appellant justified inchallenging the impugned decision dated 8'h April 2010 as it directlyaffected his seniority - Therefore, order dated 20'" November 2004passed by the Government, revived and restored and all subsequent consequential orders/notifications issued in relation io the subjectmatter concerning the promotion and seniority of respondent no. Istand effaced as non-est - Authorities directed to re-visit the case ofrespondent No. I to allot him date of promotion and seniority to thepost of Dep11ty Superintendent of Police w.e.f 14th January, 2005 and thereafter to re-allocate fresh notional date of promotion to thenext higher posts.202/231Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:ss. 24(J)(b) and proviso to s.24(2) - Whether Proviso tosub- section (2) of s. 24 governs sub-section (l)(b) of s. 24 or isconfined to sub-section 24(2) alone - Held: ss.24(1) and 24(2)operate in two different fields - The proviso is only an exception to the main provision - For applicability of the proviso, the case hasto be covered by s.24(2)- The object ofthe proviso is to give benefitof computation of compensation to all landholders and to save landacquisition proceedings - The legislative intention is clear that it isenacted as proviso to s.24(2) - If it is read as proviso to s. 24(J)(b),it would create repugnancy with said provision and provisions of s.24(J)(b) and 24(2) would become wholly inconsistent with eachother - The interpretation which creates inconsistency orrepugnancy has to be avoided - No contrary intention is availablein the provisions so as not to read the proviso as part of s.24(2) -Interpretation of Statutes. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 1000 |
Petitioner | Mohammed Faizal K.a. |
Respondent | D. Sali And Ors. |
SCR | [2017] 14 S.C.R. 232 |
Judgement Date | 2017-10-04 |
Case Number | 10262-10263 |
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