Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Accelerated seniority |
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 - Accelerated seniority-Provided by amendment of Leave Regulations to those who acquired Post Graduate qualification during service - Benefit withdrawn by subsequent amendment - Withdrawal challenged by those who had pursued the study in view of the amendment - Withdrawal set aside by Single Judge, while confirmed by Division Bench of High Court - On appeal, held: The candidates pursuing the higher studies acquired the right of accelerated seniority - However, such right cannot be enforced against persons senior to them in the cadre and were already possessing the higher qualification - In order to balance the equity between the two groups of officers and in order to give harmonious construction to the two amendments, the candidates who would get benefit of accelerated seniority, to be placed immediately below the last person senior to them with higher qualification - The beneficiaries not entitled to benefit of full pay during 'study leave' - Madras Metropolitan W.S.S. Board Employees (Leave) Regulations, 1978 - Regulation 9.Regulation 9 of Madras Metropolitan W.S.S. Board Employees (Leave) Regulations, 1978 was amended in 1993 by Respondent-Board to the effect that a candidate who would acquire Post Graduate qualification, while in service, if got First Class, would be given two years extra weightage in terms of seniority and those who would acquire second class would get one year extra weightage. The said benefit was withdrawn by a subsequent amendment in 1995. The benefit was also withdrawn in respect of those who were undergoing advance study.Appellants, affected by the 1995 amendment, filed Writ Petition on the ground that the promises made in the amendment of 1993 could not be resiled from, so far as those who had acted on the basis of that promise were concerned. The Writ Petition was allowed by Single Judge of High Court. Two writ appeals were filed, one by the additional respondent Nos. 2 and 3 and another by Post-Graduate Engineer affected by the order of Single Judge. Division Bench of High Court set aside the judgment of Single Judge. Hence the present appeals.Respondents interalia contended that amended resolution of 1995 had not been given retrospective effect, but had been made applicable to those who were yet to acquire higher qualification entitling them to the benefits under the amended Regulation of 1993; and that the appellants having not acquired the higher qualification, no right accrued to them and at the best they could have a legitimate expectation of being given such accelerated seniority, and in no case doctrine of promissory estoppel would apply to them. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2007 INSC 1122 |
Petitioner | D. Boopalan & Ors. |
Respondent | Madras Metropolitan W.s.s. Board & Ors. |
SCR | [2007] 11 S.C.R. 879 |
Judgement Date | 2007-11-02 |
Case Number | 6467-6468 |
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