Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | State being a competent authority to determine inter se seniority of parties in view of the principles enunciated by this Court. Service Law-Seniority-Inter se seniority direct recruits vis a vis promotees'-Ad hoc promotions granted to employees against c vacancies in promotee quota-Regularization with retrospective effect-Grant of-Held: When promotion is given only in exigency of situation without following the Rules period cannot be counted towards seniority-Retrospective regularization could be granted only when such Rule exists-Retrospective regularization though could D confer other service benefits but cannot be of any help for reckoning seniority with retrospective effect-On facts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law-Seniority - Inter se seniority, direct recruits vis a vis promotees' - Ad hoc promotions granted to employees against vacancies in promotee quota - Regularization with retrospective effect - Grant of - Held: When promotion is given only in exigency of situation without following the Rules, period cannot be counted towards seniority - Retrospective regularization could be granted only when such Rule exists - Retrospective regularization though could confer other service benefits but cannot be of any help for reckoning seniority with retrospective effect - On facts, State being a competent authority to determine inter se seniority of parties in view of the principles enunciated by this Court. The question which arose for consideration in these appeals was whether the ad hoc promotions granted to the employees from the post of Section Officer (Grade-I) to the post of Assistant Engineer in the Public Works Department of the State Government against vacancies in promotee quota, could have been directed to be regularized with retrospective effect so as to effect the inter se seniority between the direct recruits and the promotees. Appellants and the other promotee respondents inter alia contended that they having been promoted against vacancies arising in the year 1985 in the promotee quota and their services having been regularized with retrospective effect and not by way of stop gap employment, their seniority should be considered; that the recruitment rules did not contain any prohibition on grant of regularisation with retrospective effect and the same being permissible, the promotees were entitled to seniority with effect from the date from which their services were regularized with retrospective effect; and that the Single Judge of High Court, having directed examination of the matter by a fact finding body upon proper application of mind and determination of seniority having regard to the decisions of this court is to be affirmed.Direct recruits contended that the promotees were not entitled to seniority from the date of their ad hoc promotion since the ad hoc promotions were found to have been made in violation of the Recruitment Rules; that the procedure prescribed for grant of regular promotion had not been followed; that some of the promotees did not fulfil the requisite eligibility criteria prescribed by the rules; that the orders passed by the High Court directing regularisation with retrospective effect did not confer on them any consequential seniority; that some judgment of the High Court giving consequential seniority were reviewed in favour of the direct recruits; that there is no Rule which enables the Government to give seniority with retrospective effect to the promotees; and that the consequent orders of the Government regularizing the services specifically stated that the seniority shall be determined later was not challenged by the promotees. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1278 |
Petitioner | R.k. Mobisana Singh |
Respondent | Kh. Temba Singh & Ors. |
SCR | [2007] 13 S.C.R. 434 |
Judgement Date | 2007-12-12 |
Case Number | 5837 |
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