Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law: Promotion – Post of Accounts Officer(AO) – Promotion to the post of AO sought by direct recruits to the post of Assistant Accounts Officer (AAO) – Requirement of passing SAS Part II exam for promotion – Held: What is not required for the lower post, cannot be made applicable to the promotional post – When there was no requirement of passing SAS Part II examination for the lower post, i.e., post of AAO so far as direct recruits is concerned, there cannot be any requirement of passing of the SAS Part II exam for the promotional post of AO – After the appointment as AAO either as a promotee or as a direct recruit, all shall be at par – Thus, the requirement of passing of SAS Part II exam as per the amended notification dated 02.01.2010 for the promotion to the post of AO is arbitrary and illogical and rightly read down by the High Court – High Court justified in holding that such a requirement shall be for the promotion from the post of Superintendent (D/A) to the post of AAO only and thus, not to be applicable for promotion to the post of AO – Also, the High Court rightly set aside the promotions of the AAOs junior to the direct recruitees-AAO and issued directions to the State Electricity Board to consider them for promotion to the post of AO from the dates the persons junior to them in the cadre of AAO were promoted to the post of AO – Furthermore, on facts, there was no delay in filing the writ petitions and also the prayer of the appellant, promotees to the post of AOs to not to revert them cannot be accepted. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 727 |
Petitioner | Ramesh Kumar & Ors. Etc. |
Respondent | State Of Himachal Pradesh & Ors. Etc. |
SCR | [2021] 7 S.C.R. 337 |
Judgement Date | 2021-11-13 |
Case Number | 6649-6650 |
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