Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950 -Art. 16(4A) -Applicability of - To the consequential seniority in promotional position - To the reserved category accelerated promotees promoted on the basis of rules of reservation - In_ absence of a specific provision or policy decision of the State to that effect- Held: In the absence of any provision or provision or policy decision as regards consequential seniority, Art. 16(4A) of the Constitution will not be applicable automatically, whereas the 'catch-up rule' will be applicable - The roster-point reserved category promotees cannot count their seniority in the promoted category from the date of their promotion and the senior general candidates if later reach the promotional level, will regain their seniority - Rule 12 of Tamil Nadu Engineering Service Rules (Special Rules) or Rule 35(aa) of Tamil Nadu State and Subordinate Service Rules (General Rules) are not applicable to consequential seniority - The reserved category candidates in the present case had been temporarily promoted u/r. 39( a) and r. 10( a)(i) of the General rules with the condition that their inclusion in the promotional order was not to confer any right, in the service - state directed to revise the seniority list applying the catch up rule - Service Law - Reservation in promotion - Tamil Nadu Engineering Service Rules - r. 12 - Tamil Nadu State and Subordinate Service Rules- rr. 35(aa), 39(a) and 10(a)(i). Service Law: Promotion/Seniority - Catch-up rule - Applicability of 66 - Discussed. Seniority - Determination of - Held: Determination of seniority is a vital aspect in the service career of an employee and his future promotion is dependent on that - Therefore, such determination must be based on just and fair principles. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 613 |
Petitioner | S. Panneer Selvam & Ors |
Respondent | Government Of Tamil Nadu & Ors. |
SCR | [2015] 11 S.C.R. 664 |
Judgement Date | 2015-08-27 |
Case Number | 6631 |
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