Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | A. P. State Road Transport Corporation Employees (Service) Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law:A.P. State Road Transport Corporation Employees (Service) Regulations, 1964-Regulation 3-A. P. State Road Transport Corporation Employees (Recruitment) Regulations, 1964-Regulations 30, 34 and, item 3 of Appendix A (Section 8) -Recruitment regulations prescribing quota of 1:1 between direct recruits and promotees for recruitment to the post of Assistant Traffic Manager-Ban on direct recruitment for few years-Corporation temporarily promoting certain persons to post reserved for direct recruits-Vacancy arising in promotees quota and promotees regularised therein-Thereafter, direct recruits borne in services-Fixation of seniority-Held: On reading service regulations with recruitment regulations, fixation of seniority depends upon the number of vacancy falling in a particular category and not on the date of promotion or date of selection-Rule of rota is inbuilt in quota prescribed for direct recruits and promotees and in accordance with the quota seniority is fixed-Thus, promotees could not get seniority over direct recruits-Also promotees were promoted subject to being reverted to substantive post on approved candidates becoming available and when such revertees are repromoted as per regulation 34 they can be deemed to be appointed to such post, as such temporary promotions cannot be first appointment to that category-Furthermore, mere inaction or imposition of ban does not mean that quota was broken down-Road Transport Corporation Act, 1950-Section 45. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2004 INSC 254 |
Petitioner | M. Subba Reddy And Anr |
Respondent | A.p. State Road Transport Corporation Ano Ors. |
SCR | [2004] Supp. (1) S.C.R. 7 |
Judgement Date | 2004-04-12 |
Case Number | 4907 |
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