Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration:Appellant was aggrieved by the order dated 14.03.2005, passedby the Chief Engineer, Irrigation and Administration vide whichthe private respondents No. 1 to 4, 7 and 8 were given seniorityfrom back date.Service Law – In the writ petition filed by the privaterespondents in the year 2004, the High Court directed forconsideration of their cases of promotion in the quotareserved for their category – The matter was considered by theChief Engineer and disposed of vide order dated 14.03.2005and after condsidering the representations, promotion asAssistant Engineer was granted w.e.f 01.08.1993 – Thereafterin an another writ petition filed by the appellant, order dated14.03.2005 was set aside by the single judge of the HighCourt, however in the writ appeal, the Division Bench ofthe High Court held that anti-dating of the promotion of theprivate respondents was not adversely affecting the appellant– Therefore, the order dated 14.03.2005 passed by the ChiefEngineer was restored – Propriety:Held: In the case in hand, the seniority list as such was not challengedby the private respondents – They only made representations forcorrection of their dates of promotion as Assistant Engineer, whichwas finally accepted by the State on 14.03.2005 – No case madeout for interferance in the instant appeal for the reason that theappellant has not been able to demonstrate that for the purpose ofpromotion from the post of Assistant Engineer to that of AssistantExecutive Engineer, he was likely to be affected by ante-dating thedate of promotion of the private respondents as separate quotashad been prescribed for promotion to the next higher post for thecategories of Graduate Engineers and Diploma Holders – The2010 Rules have been placed on record by the appellant alongwith IA No. 02 of 2017 in terms whereof separate quotas havebeen prescribed for Degree Holders and Diploma Holders in theratio of 8:2 – The appellant undisputedly falls in the category ofGraduate Engineer, whereas the private respondents fall in thecategory of Diploma Holders – Both are different streams withdifferent quotas. [Paras 19, 20 |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 962 |
Petitioner | C. Anil Chandran |
Respondent | M.k. Raghavan And Others |
SCR | [2023] 14 S.C.R. 144 |
Judgement Date | 2023-10-30 |
Case Number | 8915 |
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