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 | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Service Law : Time bound promotion-Recommendation-Committee Report-Implementation of-Delay of One year-Delay affected Petitioners financially and their seniority, and that cut off date was arbitrary and on facts resulted in discrimination between officers off the same grade-Plea of writ petitioners- Held, time lag justified and reasonable, the committee report being recommendatory in nature, decision was required to be taken-Apprehension of discrimination not real as promotion as a matter of rule can be effective only from a prospective date. Tikoo Committee report, recommending the teaching specialists to be placed in the grade of Rs. 4500-5700 after 4 years of granting of scale of Rs. 3700-5000, doing away with the distinction between the functional and non-functional grade, was submitted on 31.10.1990; office Memorandum in this regard was issued on 14.11.1991 and it was Implemented on 1.12.91. In the memorandum of Settlement, Associate professors in the Scale of Rs. 3700-5000 was to be placed on scale of Rs. 4500-5700 on the completion of 6 years of regular service as Associate professor or 8 years of combined service as Assistant Professor and Associate Professor. Petitioners, members of teaching specialist sub-cadre of the central health service, filed a writ petition challenging the cut-off date as arbitrary contending that the delay in implementing the recommendation deprived G them of financial benefits and their seniority, further contending that the cut off date resulted in discrimination between the officers of the same grade, apprehending that the seniors who got promoted to the 'Non Functional Selection Grade' and were redesignated as Professor w.e.f. 1.12.1991, in most cases would get promotion to the post of professor after serving much longer, to the feeder grade, while those junior to the Petitioners considered for promotion after 1.12.1991 would get it on completion of 8 years of combined service. The stand of the Respondent was that office memorandum could be issued oil 14.11.1991 incorporating decision of Govt relating to various recommendations and the benefit was made available from the first date of ensuing month.This court in 1.A. on 17.10.94 passed the order that any promotion made during the pendency of the writ petition, would abide by the result of the petition. Dismissing the Writ Petition |
Judge | Hon'ble Mr. Justice B.L. Hansaria |
Neutral Citation | 1995 INSC 862 |
Petitioner | Dr. V.p. Malik And Ors. |
Respondent | Union Of India |
SCR | [1995] Supp. (6) S.C.R. 334 |
Judgement Date | 1995-12-08 |
Case Number | 683 |
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