Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Promotion – Special drive for filling up backlog vacancies vis-à-vis regular promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Promotion – Special drive for filling up backlog vacancies vis-à-vis regular promotion – Distinction between ad hoc promotions and regular promotions – Held: Distinction between a special drive for filling up backlog vacancies and regular promotion to candidates both from the reserved and the unreserved categories, is too obvious – While filling up vacancies by way of promotion on regular basis, a Departmental Promotion Committee (DPC) is constituted and the profile of the candidates coming within the zone of consideration is prepared – But in a special drive for filling up the backlog vacancies meant for reserved category candidates, such an exercise become redundant – This is because all candidates who will be considered for promotion, in a special drive, will invariably belong to the same reserved category, as otherwise it will cease to be a special drive – Similarly, the exercise undertaken for filling up vacancies on ad hoc basis, stands on a different footing from the exercise undertaken for the grant of regular promotions – In the present case, there is no parity between backlog vacancies covered in Office Memorandum dated 26.8.2004 and the regular promotion covered in Office Memorandum dated 24.12.1980 and/or 6.1.2006 – Therefore, the Tribunal as well as the High Court have completely missed the issue involved in the subsequent applications filed by the candidates – Tribunal and the High Court missed the distinction between ad hoc promotions and the regular promotions to be made through DPC – High Court as well as the Tribunal fell into error on two aspects- they did not address the issue whether there was a special recruitment drive for filling up of backlog vacancies and whether there was a failure to consider the case of the respondents; and they applied the yardstick meant for ad hoc promotions to the case of regular promotions, though the case of the candidates was for unfilled backlog vacancies – This fundamental error of focus resulted in the Tribunal and the High Court answering a question that did not arise – Orders of the High Courts are erroneous and not sustainable in law – Consequently, the orders passed for regular promotion by extending the zone of consideration do not arise, set aside. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 808 |
Petitioner | Union Of India & Ors. |
Respondent | Gopal Meena & Ors. |
SCR | [2022] 17 S.C.R. 1106 |
Judgement Date | 2022-08-10 |
Case Number | 3314 |
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