Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Promotion of employees of Administrative Tribunal- |
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 of employees of Administrative Tribunal - Rules prescribing qualification of graduation for promotion - Stenographer and Ministerial cadre being the feeder cadre to the promotional post - Application by stenographer cadre challenging the prescription of qualification - Tribunal on judicial side altering the qualifications-On administrative side, Tribunal promoting the employees from stenographer cadre - Application by employees of Ministerial cadre before the Tribunal challenging the judicial as well as administrative decision of the Tribunal Application dismissed - Writ Petition - High Court setting aside promotions of non-graduate stenographers and declining to interfere with promotion of graduate stenographers - On appeal, held: There is nothing unreasonable in prescribing qualifications for promotion - The order of Tribunal altering the qualification prescribed by Rules was unsustainable - The Tribunal had acted beyond its jurisdiction in doing so - The entire promotions of stenographers are liable to be set aside - The proper course is to undertake fresh exercise of promoting the officers from both the streams in accordance with Rules. Administrative Tribunals Act, 1985 - s.19 - Order of Tribunal challenged by fresh application u/s 19 - By the affected persons not made party in the previous application - Held: Affected persons had the locus standi to move the application - Locus standi. Appellant-stenographers in Karnataka Administrative Tribunal, filed an application before the Tribunal challenging the prescription of degree and test as qualifications for promotion to the post of Junior Judgment Writer in the Recruitment Rules. Post of Assistant (Ministerial cadre) was also a feeder post for promotion to the post of Junior Judgment Writer. Assistants were not made party to the application. The tribunal allowed the applications and altered the qualifications prescribed. Thereafter, the Vice Chairman who had presided over the Bench, on administrative side proceeded to promote the stenographer on the basis of the qualification prescribed by him.The Assistants, being aggrieved by the Judgment of the tribunal and as a consequence from the promotions to the stenographers, filed fresh applications u/s19 of Administrative Tribunals Act. Tribunal dismissed the applications. They filed Writ Petitions before High Court. High Court allowed the Writ Petitions holding that the tribunal had no jurisdiction to alter the qualifications for promotion; and that the promotions were bad as the same was done on the basis of unauthorized interference with the Rules. However, High Court set aside only the promotions of non-graduate stenographers and declined to interfere with the promotions of graduate stenographers. Hence the present appeals by non-graduate stenographers and by the Assistants. Stenographers contended that Assistants had no locus standi to move an application u/s 19 of the Act as they had not applied for modification of the previous order of the Tribunal; that High Court had no jurisdiction to entertain a proceeding against order of Administrative Tribunal as such jurisdiction was conferred on High Court subsequent to the date the order was passed by the Tribunal. |
Judge | Hon'ble Mr. Justice P.K. Balasubramanyan |
Neutral Citation | 2007 INSC 867 |
Petitioner | Rama Rao And Ors. |
Respondent | M.g. Maheshwara Rao And Ors. |
SCR | [2007] 9 S.C.R. 446 |
Judgement Date | 2007-08-27 |
Case Number | 7474 |
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