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 Dismissed |
Headnote | Service Law - Promotion - Post of Assistant Law Officer - Appellant and respondent posted in Metro Railway from open line on different dates, with different designations - Respondent promoted as Asstt-Law Officer being senior most amongst regular Chief Law Assistants on their parent Railway - Challenge to, by appellant - Held: Not correct since appellant having not passed departmental examination never held the post of Chief Law Assistant on substantive basis in the open line - He was merely on deputation-Respondent having passed departmental examination was in the cadre of Chief Law Assistant in the open line - Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Act, 1985 - Indian Railway Establishment Manual - Paragraph 203.5.Appellant joined South Eastern Railways as a Clerk in 1964 and was posted to Metro Railway Project on 17.10.1970. Third respondent joined as a Junior Stenographer in the South Eastern Railways on 4.2.1978 and was posted to Metro Railways on 12.5.1978. He was promoted as Law Assistant on 28.3.1979 in the scale of pay of Rs.550-750/- on an ad hoc basis which was regularized w.e.f. 28.3.1979. He was again promoted as Law Assistant on 10.12.1985. On 28.3.1990, respondent was promoted as Chief Law Assistant. Respondent passed the departmental examination and became Law Assistant on a regular basis in 1991. He was promoted to the post of Assistant Law Officer on 30.1.1994. Appellant did not pass the departmental examination. Appellant, while retaining his lien in the Southern Eastern Railway Administration, was appointed as Chief Law Assistant in the Metro Railways in the scale of pay of Rs.700-900/- on an ad hoc basis w.e.f. 23.7.1986. Appellant challenged the promotion of the respondent as Assistant Law Officer. The promotion order of the respondent was upheld. Appellant then filed Original Application which was allowed. However, the Division Bench of High Court set aside the order holding that the appellant had never held the post of Chief Law Assistant on a substantive basis in the open line where he had the lien. Hence the present appeal. Appellant contended that the High Court failed to take into consideration that the appellant having been placed in the pay scale of Rs.2000-3200/- by the Metro Railway was eligible to be considered for promotion to the post of Assistant Law Officer since only seniority-cum-suitability test was to be applied; that the High Court erred in holding that the appellant had been holding a post of Head Clerk, since the appellant had been holding the post of Chief Law Assistant for four years whereas the private respondent had not even completed three years of regular service; and that the appellant was holding the feeder grade to the promotion of Assistant Law Officer since 10.12.1985, respondent held the post of Chief Law Assistant only from 28.3.1990. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1087 |
Petitioner | S.p. Indu |
Respondent | The General Manager, Metro Railway And Anr. |
SCR | [2007] 11 S.C.R. 546 |
Judgement Date | 2007-10-12 |
Case Number | 4884-85 |
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