Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Seniority - Inter se seniority - Between promotees and direct recruits - Retrospective promotion of promotees - By an executive order - With effect from the date of preparation of Promotion List - Ignoring direct recruits, appointed prior to the promotees - Propriety of - Held: The order granting retrospective promotion is bad in law - Entry in promotion list, by itself would not confer right to be promoted from that date - The order was in derogation of the statutory Rules - However, monetary benefits granted to the promotees, not to be recovered - Jammu and Kashmir (Classification, Control and Appeal) Rules, 1956 - r. 24 - Jammu and Kashmir Police Manual - Regulations 382, 384, 390, 392 and 398 - Jammu and Kashmir Police (Gazetted) Service Recruitment Rules, 1984 - rr. 5, 14 and 20 - Constitution of India, 1950 - Article 142.Administrative Law - Executive order - Validity of - Held: Such order is valid only when it is issued in consonance of statutory rules.The names of private respondents were entered in promotion List E on 25.4.1978 for the post of Sub-Inspector. They were promoted on officiating basis on 19.5.1979. By a Notification dated 1.8.1985, State directed their regular promotion w.e.f. the date of preparation of Promotion List. The same was subsequently cancelled, but by another order dated 3.12.1985, promotions were directed to be granted with retrospective effect from the date of Promotion List. Appellants, who had joined on the post as direct recruits before the promotion of the respondents on officiating basis, filed Writ Petition. Single Judge of High Court allowed the same holding that the appellants were senior to the respondents; and that concept of retrospective promotion having not been contemplated under the Rules, the manner in which promotion was effected, was illegal. Division Bench accepted the finding of Single Judge, but on equitable considerations held the petition infructuous in view of the fact that the respondents had already been promoted to the post of Deputy Superintendent of Police which was governed by another set of rules. Hence the present appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1229 |
Petitioner | Sheikh Abdul Rashid & Ors. |
Respondent | State Of J & K & Ors. |
SCR | [2007] 12 S.C.R. 940 |
Judgement Date | 2007-12-05 |
Case Number | 940-948 |
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