Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1971 Military Engineering Service (Non Industrial class III and IV Posts) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Military Engineering Service (Non Industrial class III and IV Posts) Rules, 1971: The Army Headquarter directed on 09.12.1982 the Chief Engineers of all the five commands to initiate recruitment of Group ‘C” personnel – Process of selection was initiated in all the five commands and separate select list in the order of merit in each of the respective commands was published in the year 1983 – Dispute arose in respect of seniority of candidates who were selected and placed in the select panel dated 29.06.1983 of the Western Command but were appointed from April 1987 to April 1988 in the Western Command – Their seniority was determined by the authorities on the basis of their date of joining – Their grievance was that they were the candidates of the select panel of June 1983, their seniority is to be determined in the order of merit regardless to their date of joining – Held: In the matter of adjudging seniority of the candidates selected in one and the same selection, placement in the order of merit can be adopted as a principle for determination of seniority but where the selections are held separately by different recruiting authorities, the principle of initial date of appointment/ continuous officiation may be the valid principle to be considered for adjudging inter se seniority of the officers in the absence of any rule or guidelines in determining seniority to the contrary – The appointment of individual which was made at a later stage after five years from the select panel notified on 29.06.1983 in the Western Command is not countenanced but in the peculiar circumstances, the dead issue is not opened at this stage – The authorities must be held accountable for their arbitrary action and save the institution from uncalled for litigation – Service law – Seniority |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2021 INSC 673 |
Petitioner | Sudhir Kumar Atrey |
Respondent | Union Of India & Ors. |
SCR | [2021] 8 S.C.R. 835 |
Judgement Date | 2021-10-26 |
Case Number | 6460 |
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