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 Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Selection Grade – Grant of – Respondent conductor was compulsorily retired from service in 2003 – He instituted suit in 2010 seeking benefit of first, second and third Selection Grades on completion of 9, 18 & 27 years of service – Trial court partially decreed the suit, directing that respondent shall be entitled to the grant of Selection Grade from 25 January 1992 on the completion of 9 years of service & the second Selection Grade pay scale from 7 January 2002 on the completion of 18 years of service –First Appellate Court as well as the High Court upheld the judgment of trial court – Held: The respondent waited for seven long years after his retirement to pursue a claim for grant of Selection Grade – It was clearly beyond the residuary period of limitation of three years provided in Art. 137 of the Schedule to the Limitation Act – That apart, grant of selection grade was not a matter of right and was subject to terms and conditions which were stipulated – In terms of Clause 7 of the scheme of Selection Grade only those employees whose service record was satisfactory were to be granted Selection Grade – Respondent failed to fulfill the terms and conditions as it did not fulfill the requirements of a clean record of service – During his service tenure, respondent was subjected to several disciplinary proceedings and as many as 19 charge-sheets were issued against him which resulted in penalties of varying nature – Thus, both on the question of limitation as well as on merits, respondent was not entitled to relief – Limitation Act, 1963 – Article 137 of the Schedule . |
Judge | N/A |
Neutral Citation | 2022 INSC 149 |
Petitioner | Rajasthan State Road Transport Corporation & Others |
Respondent | Sadhu Singh |
SCR | [2022] 1 S.C.R. 1130 |
Judgement Date | 2022-02-04 |
Case Number | 1058 |
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