NDLI: Ajay Kumar Shukla and Others Vs. Arvind Rai and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Seniority list
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Seniority list – Appellants working as Junior Engineers belonging to Mechanical and Civil Streams whereas respondents from agricultural stream – Plea of the appellants that in the seniority list, the department had placed the candidates of the three lists- Agricultural, Mechanical and Civil in the same sequence as they were received with their inter se seniority in their respective lists, the agricultural stream on the top, thereafter mechanical and lastly the civil stream – Writ petition by the appellant challenging the seniority list – Single Judge quashed the seniority lists and directed the department to draw a fresh seniority list in accordance with Rules 1991– However, the Division Bench set aside the order – On appeal, held: Seniority list was prepared by the Department in contravention to the statutory provision laid down in Rules 1991 – Appointing Authority would be bound by the statutory rules and any violation or disregard to the statutory rules would vitiate the seniority list – It would be arbitrary, de hors the rules and in conflict with Arts 14 and 16 – Appointing authority ought to have prepared a combined merit list based upon the performance or the proficiency on the basis of the marks received in the selection test as prepared by the Commission – Otherwise, it would amount to denial of the right of consideration for promotion to a more meritorious candidate – Appointing Authority erred in the manner in which the seniority list was prepared by placing the three select lists forwarded by the Commission on different dates one after the other en bloc as per the date of receipt of three select lists – Furthermore, the delay of three to four years in filing the matter satisfactory explained; and the non-joining of all the affected junior engineers not fatal – Thus, the order passed by the Single Judge of the High Court upheld – Uttar Pradesh Government Servants Seniority Rules, 1991 – rr. 5, 8 – Uttar Pradesh Minor Irrigation Department Subordinate Engineering Service Rules, 2009 – Constitution of India – Arts. 14 and 16(1). Service Law: Promotion – Right to promotion – Held: Is not considered to be a fundamental right but consideration for promotion has now evolved as a fundamental right – Constitution of India – Art. 14 and 16(1). Jurisprudence: Service jurisprudence – Impleadment of parties – Held: It is not essential to implead each and every one who could be affected but if a section of such affected employees is impleaded then the interest of all is represented and protected – Impleadment of a few of the affected employees would be sufficient compliance of the principle of joinder of parties and they could defend the interest of all affected persons in their representative capacity – Non-joining of all the parties not fatal.
Judge	Hon'ble Mr. Justice Vikram Nath
Neutral Citation	2021 INSC 840
Petitioner	Ajay Kumar Shukla And Others
Respondent	Arvind Rai And Others
SCR	[2021] 12 S.C.R. 1178
Judgement Date	2021-12-08
Case Number	5966

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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