NDLI: Rama Negi Vs. Union of India & Ors.

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
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Promotion – Seniority-cum-merit – In the instant case, the appellant was promoted to the post of Office Superintendent (selection post) in the Cantonment Board – The promotion of respondent no.3 was declined on the ground that respondent no. 3 was drawing lower pay scale than the appellant in the post of Accountant (the post from which promotion was to be made) and was also charge-sheeted under disciplinary proceeding, which charges were also accepted by respondent no.3 – Aggrieved by the resolution favouring the appellant, respondent no.3 filed appeals before the single judge of the High Court, claiming, amongst other things, promotion to such post – Single Judge allowed the writ petition on the basis of the finding that respondent no. 3 is senior to the appellant and the appellant should not have been considered senior to him by virtue of her higher pay scale in the post of Accountant and also that no decision, as such, was taken by the authority over the charges – Aggrieved by the decision, appellant approached Division Bench of the High Court – In the meantime, disciplinary proceedings took place over the charges and respondent no.3 was found guilty – The Division Bench of the High Court dismissed the appeal holding that the disciplinary proceedings intiated for the fault committed by the subordinate staff of the delinquent officer – Hence instant appeal – Held: The Cantonment Board in their deliberations made on 11.1.2012 not only considered the appellant to be senior to the respondent no.3 but also considered her to be more deserving for promotion as the best, suitable and fit candidate, for the responsible post – Respondent no.3 was penalized pursuant to the disciplinary proceeding for dereliction of duty and misconduct and he suffered the penalty of recovery of Rs.10,000/- from his salary – Seen in this context, the appellant was more deserving – That apart, the disciplinary action was not challenged by respondent no.3 – He cannot, therefore, set up a better claim for promotion, to a selection category post – As far as the issue of higher pay scale being the basis for seniority in the feeder cadre, the same is clearly provided in the O.M. dated 12.12.1988 – The issue received due consideration by the Cantonment Board and was answered in favour of the appellant – Cantonment Fund Service Rules, 1937.
Judge	Hon'ble Mr. Justice Hrishikesh Roy
Neutral Citation	2022 INSC 252
Petitioner	Rama Negi
Respondent	Union Of India & Ors.
SCR	[2022] 2 S.C.R. 487
Judgement Date	2022-03-02
Case Number	1713-1714

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