Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Seniority DPC |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Service Law: Seniority – On 7 September 2016, a modified seniority list of the Income Tax Inspectors in the cadre of the Gujarat region was issued – In the said list, the direct recruits of CGLE 2010 were interspaced with promotees of the year 2009-2010 – On the basis of clarification issued by CBDT, a revised seniority list dated 13 February 2018 was published – Direct recruits appointed against vacancies of the year 2009-2010 were interspaced with the promotees of the recruitment year 2010-2011 – Respondents nos.1 to 18, the direct recruits, filed writ petition before the High Court for challenging seniority list dated 13 February 2018 – By impugned judgment, seniority list dated 13 February 2018 was quashed and the seniority list of 7 September 2016 was restored – Clarification added that only those direct recruits who were eligible and qualified in the recruitment year 2009-2010, shall be interspaced with 53 promotees who were promoted vide DPC dated 29 June 2009 – These promotees filed instant appeal – Held: Four issues framed for consideration – Whether the recruitment year is a financial year or calendar year – Whether the decision of this Court in K. Meghachandra’s case is per incuriam or in the alternative, whether it requires reconsideration – Whether the inter-se-seniority of the direct recruits and the promotees in the facts of this case could be determined as per the decision in N.R. Parmar’s case – Whether, in the facts of this case, the process of recruitment of direct recruits commenced in the very recruitment year in which the vacancies arose – Matter referred to larger Bench of five Hon’ble Judges – The interim relief granted on 13 July 2018 vacated – Effect shall be given to the impugned judgment subject to the final outcome of this appeal or reference – Reference to larger bench. |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2022 INSC 1278 |
Petitioner | Hariharan & Ors. |
Respondent | Harsh Vardhan Singh Rao & Ors |
SCR | [2022] 9 S.C.R. 944 |
Judgement Date | 2022-12-14 |
Case Number | 9228 |
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