Court : Supreme Court of India
Reported in : AIR1994SC2163; JT1994(4)SC206; 1994(2)SCALE1136; (1994)4SCC474; 1994(2)LC103(SC)
order1. geological survey of india (gsi) as an all india service consists of six independent disciplines (cadres) namely, geology, geophysics, geophysics (instrumentation), geochemistry, drilling and mechanical engineering. promotions, upto the rank of deputy director general, are confined to the respective disciplines; above the deputy director general are two other ranks, senior deputy director general and the director general. entry into the service as group-a officer is through one of the disciplines. the seniority of the officers is maintained within their respective disciplines. the feeder post for the deputy director general, in each of the discipline, is that of director. since the upward journey within the discipline ends at the post of deputy director general, the post of senior deputy director general is filled by considering the deputy director generals from all the disciplines. the government of india maintains a seniority list of deputy director generals based on continuous length of service in the said post.2. the question before the central administrative tribunal (the tribunal) was whether the seniority in the cadre of deputy director generals be determined on the basis of continuous length of service in the said post or on the basis of the length of service in the discipline. it was also urged before the tribunal that the departmental promotion committee (the dpc) should meet at one point of time in a year to fill all the vacancies of the deputy director .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3601; JT1999(7)SC271; 1999(6)SCALE82; (1999)8SCC592; [1999]Supp3SCR38; (1999)3UPLBEC2441
ordersethi, j.1. the dispute sought to be resolved in this appeal is regarding inter se seniority of the employees of the central administrative tribunal (hereinafter referred to as 'the cat') who were recruited from time to time as per requirement but came to be absorbed on the same day in terms of section 5(1) of the central administrative tribunal (group b and c miscellaneous posts) recruitment rules, 1989 (hereinafter referred to as 'the rules'). one set of employees claim their seniority from the date of their deputation to the aforesaid service of the cat and the other set of employees pray for counting of the period of their service to the equivalent post held by them in their parent department, before their deputation and absorption in the service. on the application filed by respondent no. 1, the cat accepted the former plea and directed the determination of the seniority of the employees of the cat from the date of their deputation. such dictions were issued on the basis of the official memoranda and departmental instructions after holding that there did not exist any provision in the rules for the purposes of determination of the seniority of persons recruited to the service by absorption on the same day not satisfied with the findings of the tribunal, the appellant herein has preferred this appeal.2. most of the facts in the case are admitted. the controversy revolves upon the interpretation of the rules, the appellant contends that rule 5(2) and its proviso .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 153(2008)DLT582(SC); JT2008(10)SC294; (2008)8MLJ509; 2008(12)SCALE439; (2008)10SCC84; 2009(1)SLJ269(SC); 2008(6)Supreme608
c.k. thakker, j.1. the present appeal is filed by the union of india and ors. against the judgment and order passed by the high court of delhi on january 30, 2002 in civil writ petition no. 6281 of 1999. by the said judgment, the high court confirmed the judgment and order dated april 30, 1999 passed by the central administrative tribunal, delhi (`cat' for short) in original application no. 2146 of 1998.2. to appreciate the issue raised in the present appeal, few relevant facts may be noted.3. the respondents herein (applicants before cat) filed original application against the action of the central excise and customs department of not considering their cases for promotion to the post of upper division clerk (`udc' for short) from the post of lower division clerk (`ldc' for short). according to the applicants, they joined service in the office of central board of excise and customs, department of revenue as ldcs. applicant no. 1 deo narain joined as ldc on june 11, 1962 (sic 1982). applicant no. 2 bijender singh joined on september 9, 1986. applicant no. 3-nandan singh joined on may 5, 1988 whereas applicant no. 4- ram kishan joined on march 17, 1987. in accordance with the policy of inter- collectorate transfers, they got themselves transferred to meerut collectorate. consequent upon their transfer, they lost their seniority which they were having in the parent department i.e. the department where they were serving. they were placed at the bottom of the seniority list in the .....
Tag this Judgment!Court : Delhi
Reported in : 131(2006)DLT32; 2006(87)DRJ208; 2007(2)SLJ246(Delhi)
markandeya katju, c.j.1.this appeal has been filed against the impugned judgment of the learned single judge dated 25.01.2005 by which he has allowed the writ petition. 2. heard counsels for the parties and perused the record. 3. the facts of the case have been set out in detail in the judgment of the learned single judge and hence we are not repeating the same except where necessary. 4. the petitioner in the writ petition (respondent herein) was appointed as managing director, ircon international limited w.e.f. 16.05.1997 vide ministry of railways letter dated 15.10.1997 on contractual basis for a period of three years and was to be governed by the discipline & appeal rules of ircon. true copy of the same is annexure p-1a to the writ petition. thereafter the ministry of railways vide letter dated 22.11.1999 was pleased to extend the service of the petitioner up to 31.01.2002. on completion of the said contractual term of appointment as managing director of ircon international limited, the respondent retired on attaining the extended age of superannuation of 60 years on 31.01.2002. 5. before his retirement, the petitioner was served with a memorandum of charges under rule 27 of the ircon conduct discipline & appeal rules 1981 vide charge-sheet dated 29.01.2002, annexure p-iv to the writ petition. the petitioner submitted his reply to the same. the respondent thereafter held an enquiry under rule 25 and 26 of the ircon conduct discipline & appeal rules 1981 read with rule 11 .....
Tag this Judgment!Court : Guwahati
b. sudershan reddy, c.j.1. the short question that falls for our consideration in this writ appeal is whether the child development project officer (group-b) recruitment (amendment) rules, 2004 suffers from any vice and whether they are liable to be struck down on the ground that they are contrary to the guidelines issued by the union of india.2. in order to consider that question, few relevant facts may have to be noticed. the writ appellant herein is at present working as supervisor in the social welfare, women and child development department of the government of arunachal pradesh. her next promotion avenue is to the post of child development project officer (hereinafter referred to as 'cdpo') and her service conditions are regulated by the rules called 'child development project officer (group-b) rules, 1995'. as per the rules prior to the impugned amendment, the 50 per cent of the posts of cdpo are to be filled by direct recruitment and the remaining 50 per cent by promotion from amongst the officers of feeder category such as, supervisor and statistical assistant, etc. by the impugned amendment brought vide notification dated 9th january, 2004 as against 50 per cent of promotion quota 70 per cent posts have been reserved for supervisors and remaining 30 per cent for the statistical assistants. the appellant is aggrieved by the impugned rules under which 30 per cent quota is exclusively made available for consideration of the cases of the statistical assistants for .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)ALLMR237; 2006(3)BomCR530
britto n.a., j.1. both the translators of the goa legislature secretariat are before this court to seek a writ of mandamus or any other writ, order or direction to the respondents to fix their pay scale at rs. 5500-9000 with consequential benefits consequent to the extension of the pay scales of the fifth pay commission by virtue of government of goa order dated 27-10-1997.2. some facts are required to be stated to dispose of both the petitions which have similar facts and the question of law being the same. therefore, we propose' to dispose of both the petitions by this common judgment.3. the recommendations of the fourth pay commission were accepted by the government of goa w.e.f. 1-1-1986. by virtue of order dated 30-9-1987 two posts of translators were created by the government in the pay scale of rs. 1400-2300. as per the respondents, this is the scale recommended by the central fourth pay commission as adopted by the goa government. nilkanth subhedar came to be appointed on one of the posts on 24-2-1998 and petitioner yuvaraj naik came to be appointed on 2-5-1988 in the said scale of rs. 1400-2300. the government of goa, secretariat, group 'c', non-gazetted ministerial posts, recruitment rules, 1988 published on gazette dated 28-4-1988 show that the post of translators (konkani and marathi languages) in the state secretariat carry a pay scale of rs. 1400-2300.4. the petitioner smt. blandina d'sa came to be appointed on 4-8-1989 in place of nilkanth subhedar and by then, .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC3532
orderi.m. quddusi, j.1. heard learned counsel for the petitioner and the learned standing counsel.2. by means of this writ petition, the petitioner has prayed for quashing of the impugned order dated 24.1.2000, passed by opposite party no. 3, i.e., the principal, government industrial training institute, by which the services of the petitioner were terminated under rule 8 of the u. p. regularisation of daily wages appointment on group 'c posts (outside the purview of the uttar pradesh public service commission) rules, 1998.3. the brief facts of the case are that the petitioner was appointed as instructor, mechanical draftsman in the government industrial training institute, sewaar, district rampur w.e.f. 12.12.1990 and he continued as such with some breaks till the date of coming into force of the u. p. regularisation of daily wages appointment on group 'c posts (outside the purview of the uttar pradesh public service commission) rules, 1998 (hereinafter referred to as 'the regularisation rules of 1998', in which it was provided that the persons who were working on daily wage basis since 29th june, 1991, were liable to be regularised against the group 'c posts, but the petitioner's regularisation was not considered. as such, he filed w.p. no. 1481 (s/s) of 1995, in which a direction was issued to consider his regularisation vide order dated 6.7.1999, in pursuance of which a selection committee was constituted, which after considering the regularisation of the petitioner found .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC669; [2005(105)FLR13]; (2005)2UPLBEC1580
vineet saran, j.1. petitioners were initially engaged on temporary basis in the year 1986 and have been regularised on the post of pump operators vide separate orders dated 4.11,1996, of the nagar nigam, gorakhpur. by the impugned order dated 9.9.2003, the respondent no. 5 chandra bhushan mani has been regularised on the post of fitter and respondent no. 6 ram gati has been regularised on the post of meter mechanic in the nagar nigam, gorakhpur. the petitioners submit that since the said two posts of fitter and meter mechanic, on which respondent nos. 5 and 6 have been regularised, are of higher grade, they ought to have been promoted on the said posts. hence the petitioners have filed this writ petition challenging the order dated 9.9.2003 whereby respondent nos. 5 and 6 have been regularised on the post of fitter and meter mechanic, and have also prayed for being promoted to the same post from the post of pump operators on which they are working.2. having heard sri h.p. misra, learned counsel for the petitioners, as well as learned standing counsel appearing for respondent no. 1, sri satish madhyan for nagar nigam-authorities respondent nos. 2, 3 and 4 and sri umesh vats for private-respondent nos. 5 and 6 and on perusal of record and considering the facts and circumstances of this case, in my view, the petitioners are not entitled to the prayers made in this writ petition.3. it is not disputed that the petitioners were initially engaged on temporary basis and the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(3)AWC2433; [2005(105)FLR458]
prafulla c. pant, j.1. by means of this writ petition, moved under article 226 of the constitution of india, the petitioner has challenged the order dated 25.6.1997 (copy annexure-3 to the writ petition) whereby his services were terminated from the group 'd' post.2. brief facts of the case, as narrated in the writ petition, are that the petitioner was appointed as class iv employee as 'patrawahak' in the kshetriya gramya vikas sansthan of rural development department. he joined his duties on 23.11.1995 in pursuance of the appointment letter dated 22.11.1995 (copy annexure-1 to the writ petition). before the appointment, an interview was held on 20.11.1995 on the basis of the list, containing names including that of the petitioner, forwarded by the employment exchange. however, suddenly the services of the petitioner were terminated w.e.f. 25.6.1997 (copy annexure-3 to the writ petition). the petitioner has challenged the said order on the ground that he had completed more than one and a half years unblemished services to the satisfaction of all his superiors. it is further alleged in the writ petition that the petitioner's services were wrongly terminated in violation of the rules.3. a counter-affidavit has been filed on behalf of the respondents in which it has been stated that the petitioner was appointed against temporary post and his services were liable to be terminated at any time by giving one month's notice or one month's salary in lieu thereof. it: is further stated .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)108PLR576
a.p. chowdhri, j.1. the question raised in this writ petition is whether the period of ad hoc service which is followed by regular appointment is to be counted for purposes of seniority?2. brief facts giving rise to this question are that the petitioner was appointed as lecturer in management, government institute of management and pharmacy, on september 17, 1985, vide appointment letter annexurep-1. the appointment was purely on ad hoc basis for a period of six months or till the recommendees of haryana public service commission joined, whichever was earlier. the petitioner continued to serve respondent no.2 by virtue of the extension given from time to time. his services were regularised with effect from january 1, 1991.3. further case of the petitioner is that respondent no. 3 was also appointed on adhoc basis on september 27, 1985 i.e. after about 10 days of petitioner's appointment of ad hoc basis are he too was regularised in terms of the policy decision of the state government. the petitioner claimed to be senior to respondent no. 3 on the ground that he had been continuously officiating for a longer period and the service rendered by him on ad hoc basis was required to be counted for determining his seniority.4. in the written statement filed by the official respondents 1 and 2, it has been stated that the name of respondentno. 3 was recommended by the haryana public service commission and he was appointed on regular basis vide government letter dated december 4,1987, .....
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