Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law - Grant of selection grade - Claim of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law - Grant of selection grade - Claim of - Regularisation of employees appointed on ad hoc basis as Lower Division Clerks for a fixed tenure - Grant of increments to the said employees for the period before their regularization in service in *Chandra Shekhar's case - Issuance of circular by State Government pertaining to prescription of Selection Grades for employees that service would be counted from the date the employee had regularly been appointed in the existing cadre/service held in **Jagdish Narain Chaturvedi's case - Thereafter, representation of employee for grant of selection grade on completion of 18 years on the ground that they had been granted first selection pay scale from the date of their initial appointment - Rejection of representation - Writ petition seeking grant of selection grade from the date of their initial appointment - Submission of the State Government that the matter was covered by Jagdish Narain Chaturvedi's case and not by Chandra Shekhar's case - Writ petition allowed in view of the consent order that matter covered by Chandra Shekhar's case - Dismissal of review application as also appeal thereagainst - On appeal, held: Chandra Shekhar's case pertains to grant of increments for the period prior to regularization - It has nothing to do with the grant of selection grade - Law enunciated in Jagdish Narain Chaturvedi's case that the period for grant of selection grade as to be reckoned from the date of regularization in service and not prior to that, is binding - Employees prior to regularization_ were not members of service or a part of the cadre - They are only entitled to the benefit of selection grade from the date of regularization - Since there can be no estoppel against law, consent given in a court that a controversy is covered by a judgment which has no applicability, there cannot be an estoppel from raising the point that the same was erroneously cited - Writ court while rejecting the application for review only noticed that the order was passed on agreement - Single Judge did not think it appropriate to appreciate the stand of the State and passed an absolutely laconic order - Thus, writ court not justified in rejecting the application for review - Estoppel - Review - Code of Civil Procedure, 1908 - O. 47. Advocates - Role of - Explained - As regards, the counsel for the State, he has a higher responsibility - He has a special duty towards the court in rendering assistance. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 432 |
Petitioner | State Of Rajasthan & Anr. |
Respondent | Surendra Mohnot & Ors. |
SCR | [2014] 6 S.C.R. 191 |
Judgement Date | 2014-06-30 |
Case Number | 5860 |
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