Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law– Promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law– Promotion – Inter-company transfer– Pastservice rendered in the parent unit, if to be considered– Respondent,joined Dankuni Coal Complex (DCC), of the appellant company inE-2 Grade on 4th August, 1990 – On respondent’s request he wastransferred from DCC to Central Mine Planning and Design InstituteLimited (CMPDIL), a subsidiary of the appellant company, in E-2Grade– Respondent joined CMPDIL on 15th May, 1991 – Policy ofappellant-Company that an employee would lose his past seniorityin his existing Grade in the event of an inter-company transfer, ifthe request for transfer was made by the employee himself– Though,respondent acquired requisite eligibility (3 years) for promotion toE-3 Grade in September, 1993, however, he was promoted to theE-3 Grade only vide order dated 12th December, 1994– Appellantexcluded respondent’s work experience at DCC (i.e. 4th August, 1990to 14th May, 1991) while considering his eligibility for promotion –Writ petition filed by respondent for grant of notional seniority inthe E-3 Grade w.e.f 12th November, 1993– Al lowed – Held:Respondent is not claiming seniority over any person alreadyworking in CMPDIL as there was no senior person working in E-2Grade when the respondent joined– Limited claim of the respondentis that the service rendered by him in the parent unit (DCC) from4th August, 1990 in E-2 Grade be reckoned for the purpose ofdetermining his eligibility for promotion to the post of E-3 Gradewhilst working in CMPDIL– High Court justly accepted the claimof the respondent that for determination of his eligibility forpromotion, his length of service in DCC must be reckoned– Thatcannot be confused with the issue of seniority in CMPDIL as theyare two different factors– Appellant’s policy deals with the latter–There is no express stipulation in the said policy to even remotely suggest that on seeking inter-company transfer on personalgrounds, the executive concerned would lose even his past servicerendered in the parent unit (DCC) for all purposes– Service renderedby him in DCC ought to be taken into account for all other purposes,other than for determination of his seniority in E-2 Grade in thenew company, CMPDIL– Indeed, his seniority in CMPDIL in E-2Grade will have to be reckoned from the date of his assumption ofcharge on 15th May, 1991– However, that can have no bearingwhile determining his eligibility criterion of length of service in E-2Grade for promotion to E-3 Grade– No fault in the direction givenby the High Court to assign notional date of promotion to therespondent in E-3 Grade with effect from 12th November, 1993. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 864 |
Petitioner | Coal India Ltd. And Anr. |
Respondent | Navin Kumar Singh |
SCR | [2018] 11 S.C.R. 470 |
Judgement Date | 2018-09-25 |
Case Number | 6491 |
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