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 - Posts of Charge-man Grade II/ Supervisor Grade-A - Examination for-Some employees getting marginally less marks appointed as Supervisor Grade A - Under the Scheme such employees were to be given a chance to appear in examination to be graded as Charge-man Grade II, but no such examination held and a pick and choose policy adopted - Later, both posts merged as Charge-man Grade-II - Tribunal allowing the claim of affected employees and directing to refix their notional seniority as Charge-man Grade II - Benefit of order of Tribunal given to some employees and not to others on the plea of interpretation as regards concept of notional seniority in the judgment of the Tribunal - HELD: Action on part of department in giving benefit of order of Tribunal to some employees and denying the same to other similarly situated and affected employees is wholly unjustifiable - Judgment of a Court should not be read as a statute, it should be read in its entirety - Constitution of India - Article 14 - Judgment. The appellants, who appeared in the examination for appointment to the post of Charge-man Grade II or Supervisor Grade A, were appointed as Supervisor Grade-A on account of the marginal difference in the marks obtained by them. By an order of the Director General issued on 4.5.1967 they were to be given another chance to appear in the examination to enable them to be graded as Charge-man Grade-II, but the said order was not implemented and a policy of pick and choose was adopted to grant the benefit. With effect from 1.1.1980 the posts of Supervisor Grade-A and Charge-man Grade-II were merged. The issue of seniority led to the litigation and, ultimately, the Central Administrative Tribunal by its order dated 9.7.1990 directed the department to refix notional seniority of the affected employees, as if all the applicants came out successful in the selection test for promotion to the post of Charge-man Grade-II, from their respective dates of examination; and that the decision would be binding on all persons similarly situated. It was also observed that the employees will not be entitled to any back wages or any other financial benefits save and except the notional seniority. Meanwhile, a Full Bench of the Tribunal also held that the beneficiaries in the case filed by appellants could be allowed notional seniority in the grade of Charge-man Grade-II only for determining revised date from which presumptive pay should be fixed. Relying on the said judgment, some other employees filed O.A. which was allowed and the department implemented the order of the Tribunal with regard to them, but not in the case of appellants. Aggrieved, the appellants filed the instant appeal and the contempt petition. It was contended for the appellants that in view of the judgment of the Central Administrative Tribunal as confirmed by the Supreme Court, the appellants were not only entitled to be appointed as Charge-man Grade-II, but also entitled to promotion to higher grades and respective notional seniority at each level having regard to the fact that those who were juniors to them had been promoted in terms of Rule 18.4.3.On the direction of the Court, the department filed a status report admitting that benefit of the order of the Tribunal was given to some employees, but could not be given to the appellants due to the pend ency of the appeal as also interpretation on concept of notional seniority by the Full Bench of the Tribunal in its judgment. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1082 |
Petitioner | Purnendu Mukhopadhyay And Ors. |
Respondent | V.k. Kapoor And Anr. |
SCR | [2007] 11 S.C.R. 462 |
Judgement Date | 2007-10-12 |
Case Number | 4862 |
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