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 Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Inter-se seniority – Between three streams of Superior JudicialService i.e. promotees, direct recruits and out of turn promotees –In the seniority list promotee officers were placed at serial Nos. 1 to14; at serial Nos. 15 and 16 were direct recruits; out of turn promoteesat serial Nos. 17 to 24 and at serial Nos. 25 to 35 were direct recruits– Writ petition by direct recruits and out of turn promoteeschallenging the seniority list – High Court allowing the petitionsheld that the promotees were in excess of quota and hence shouldbe treated as ad hoc and placed at the bottom of seniority list anddirected to re-cast the seniority list – On appeal, held: Prior toamendment of Service Rules of 1963 in 2004, 75% of the cadre wasrequired to be filled up by promotees and 25% by direct recruits –After the amendment in 2004, promotion quota was fixed as 50%,25% for out of turn promotees (by departmental examination) and25% for direct recruits – The amendment of Service Rules in 2004was as a result of direction in *All India Judges’ Association case –The judgment in the case being prospective, the ratio of officers asexisting before unamended Rules cannot be adversely affected –Determination of quota which existed prior to and subsequent toamended Rules have to be treated differently – Determination ofseniority as brought in place by 2007 Rules, cannot be implementedso as to defeat any existing right – Promotition of officers u/r. 7(3)(a)of Service Rules was in accordance with the service Rules and theirpromotion canot be treated ad hoc nor they can be pushed to thebottom of seniority list – Out of turn promotion quota having beenculled out only as per judgment in *All India Judges’ Associationcase, the said quota will come into existence prospectively – Therefore,out of turn promotees cannot claim 25% quota from day one – Thus there is no patent error in calculation of the vacancies – Recruitmentmade from three different streams cannot be faulted – Supreme Courtin *All India Judges’ Association case had directed for adoptingroster system – Quota was throughout present in 1963 Rules, whichhas been amplified in 2007 Rules – The purpose and object of r. 7of 2007 Rules r/w Appendix-B is clear that roster is to be followedfor determination of seniority – Therefore, roster is applicable indetermining the seniority – All the Fast Track Court Judges whowere taken into regular cadre in different streams have been rightlyplaced in seniority list – The seniority positition of the officers ofthe three streams is determined as per the roster as indicated inAppendix-B – Punjab Superior Judicial Service Rules, 1963 – r. 8– Punjab Superior Judicial Service Rules, 2007 – rr. 7(3)(a),(b)and (c); 7(4),8,12(3) and Appendix B. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 921 |
Petitioner | Hon'ble Punjab And Haryana High Court At Chandigarh |
Respondent | State Of Punjab And Ors. |
SCR | [2018] 13 S.C.R. 91 |
Judgement Date | 2018-10-03 |
Case Number | 5518 |
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