Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Promotion 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 - Promotion - Department of Telecommunications - Four grades of employees viz. Basic Grade, Grade II, Grade Ill and Grade IV - Biennial Cadre Review (BCR Scheme) - Order dated 07.07.1992 passed by Tribunal in O.A. No.1455 of 1991 filed by some Grade Ill officers, whereby the Government was directed to consider the applicants in the 0.A. for promotion to Grade-IV on the basis of seniority in the basic grade as per the BCR Scheme - Order dated 07.07.1992 attained finality - Entitlement of respondents to claim promotion to Grade-IV on the basis of their seniority in the basic grade in terms of the order dated 07. 07. 1992 - Held: Not entitled - Respondents were not the applicants in O.A. No.1455 of 1991 and there was no direction to the Government to consider the respondents for promotion to Grade-IV scale on the basis of seniority in the basic cadre as per the BCR Scheme - The Tribunal had not directed in its order dated 07. 07. 1992 that the benefits of the order would also be extended to those who had not approached the Tribunal - Since the respondents preferred to sleep over their rights and approached the Tribunal only in 1997, they cannot get the benefit of the order dated 07.07.1992 and will only be entitled to the benefit of the circular dated 13.12.1995 which was in force in 1997 - Vide circular dated 13.12.1995 the Government took a fresh decision in supersession of earlier instructions that promotion to Grade-IV may be given from among officials in Grade-Ill on the basis of their seniority in the basic grade - Hence, the decision of the Government to make promotions to Grade-IV on the basis of their seniority in the basic grade could take effect only from 13. 12. 1995 and not from a prior date - Respondents cannot claim any promotion to Grade-IV on the basis of their seniority in the basic cadre with effect from any date prior to 13. 12. 1995. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2011 INSC 130 |
Petitioner | Bharat Sanchar Nigam Ltd. |
Respondent | Ghanshyam Dass And Ors. |
SCR | [2011] 4 S.C.R. 380 |
Judgement Date | 2011-02-17 |
Case Number | 4369 |
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