Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2002 - Employees 'Provident Fund Organisation (EOIAO) Recruitment Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Employees 'Provident Fund Organisation (EO/AO) Recruitment Rules, 2002 - Promotion - Appellants working as Social Security Assistants in Karnataka/Tamil Nadu regions of EPFO - Transferred to Kerala region - Departmental examination - Post of EOIA in Kerala region - Participation of appellants challenged by private party respondents on the ground that they were not eligible - Tribunal held that appellants were not qualified for promotion as they had not put in five years service in the Kerala region of EPFO as per the Rules which require five years regular service in the respective regions - Whether under the Recruitment Rules, 2002, the candidates who seek promotion through departmental competitive examination for the post of EO/AO, should have served, both in their earlier place of posting and their present place of posting for a period of five years, or whether the candidates should have served for five years in the region where they seek promotion, which in this case is Kera/a region - Held: If a candidate has served in one region and then transferred to another. and seeks promotion in that region, the rule does not require that the candidate must have acquired requisite experience in the region where he seeks promotion, for being considered eligible - This must necessarily be so because the service to which the rival parties belong, is an All India Services, in which the country is demarcated into several regions - In All India Service, the officers are posted from one region to the other in a routine manner - The purpose of the rule is that such officers are not deprived of their experience in the feeder cadre merely because they have been transferred from one place to another - What is necessary is a total experience of five years - Appellants are entitled to be treated as qualified for promotion in the Kerala region for the post of EO/AO in the EPFO. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2017 INSC 351 |
Petitioner | M. M. Thomas & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2017] 3 S.C.R. 886 |
Judgement Date | 2017-04-17 |
Case Number | 5300-5301 |
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