Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Service Law : Reservation in Promotion-Roster point promotees vis-a-vis-general candidates-Seniority-Determination of-Relevant statutory Rules providing single scheme of promotion and seniority based on seniority-cum-merit from the date of continuous officiation-Roster point promotees not promoted on the basis of seniority-cum-merit-Claim for seniority on the basis of continuous officiation-Validity of-Held, roster point promotees cannot count their seniority over general candidate from the date of their continuous officiation in the promotional posts-Senior general candidates at lower level reaching the promotional level later will have to be treated as senior to reserved category candidates-Seniority of reserved category candidates promoted to higher level ignoring the general category candidates has to be refixed - However, if the reserved category candidates are otherwise eligible and posts E are available for promotion, cannot be denied right to be considered for promotion merely because senior general candidates at initial level have not reached the promotional level-Constitution of India, 1950-Articles 14, 16(1), 16(4) and l 6(4A)-Punjab Secretariat Class Ill Service Rules,1956. Constitution of India, 1950: Articles 16(1), 16(4) and l 6(4A)-Reservation in promotion-Right to· be considered-Whether "Fundamental" or "Statutory"-Held, Articles 16(4) and 16(4A) do not confer any fundamental right and are only enabling provisions-They confer only a discretion but do not confer any duty or obligation. Articles 16(4) and 16(4A) and 16(1) r/w 14-Reservation in promotion-Roster point promotees vis-a-vis-general candidates-Balancing of fundamental rights and rights of reserved candidate-Held, a reasonable balance has to be struck between the individual rights guaranteed under Article 16(1) and affirmative action under Articles 16(4) and 16(4A) so that' there is no reverse discrimination against general candidates. Articles 16( 4), 16( 4A) and 33 5-Reservation in promotion - Maintenance of efficiency in administration-Necessity of Reservation in promotion-Promotions made in excess of roster point - Effect of- Held, promotions made in excess of any quota are to be treated as adhoc-No seniority can be claimed from wrong application of the roster Judgment-Prospectivity-Supreme Court's decision in Sabharwal and Ajit Singh case-Prospective operation-Purpose and effect of. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 407 |
Petitioner | Ajit Singh And Ors. |
Respondent | The State Of Punjab And Ors. |
SCR | [1999] Supp. (2) S.C.R. 521 |
Judgement Date | 1999-09-16 |
Case Number | 3792 |
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