Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Promotion - Retrospective effect |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law: Promotion - Retrospective effect - Vacancy occurring on 1. 1. 1989 - Private respondents seeking C promotion - Their case not processed due to interim order passed by High Court restraining the authorities from giving them promotion - Selection process for promotion commenced after vacation of stay order on 11. 12. 1990 - Public Service Commission recommended that private respondents be given retrospective seniority with effect from 31.12.1990 - According to r.6(2) of the W.B. Services (Determination of Seniority) Rules, 1981, the promotees shall be en-bloc senior to the direct recruits of the same year - Therefore, private respondents given notional seniority with E effect from 01.01.1990 - Challenge against- Held: The private respondents could not have been made to suffer because of intervention by the court by way of interim relief - State Government was not in a position to proceed with the selection by way of promotion under the Rules in view of the stay order F passed by the court - No sooner the stay order was vacated, the process for the selection by way of promotion commenced - The impugned seniority list cannot, in these circumstances, be said to be legally flawed - WB. Services (Determination of Seniority) Rules, 1981 - r.6(2). |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2014 INSC 595 |
Petitioner | Asis Kumar Samanta And Ors. |
Respondent | State Of West Bengal And Ors. |
SCR | [2014] 7 S.C.R. 645 |
Judgement Date | 2014-09-04 |
Case Number | 1331 |
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