V.J. THOMAS AND ORS. versus UNION OF INDIA AND ORS.

V.J. THOMAS AND ORS. versus UNION OF INDIA AND ORS.

The restriction imposed by the Note to clause (4) of Appendix I to the 1981 Rules does not amount to discrimination or denial of equality of opportunity. The temporary classification restricting promotion opportunity for two years to pre-1973 Junior Engineers is based on rational and intelligible differentia, taking into consideration experience and the candidate to vacancy ratio. Such a classification is justified, does not offend constitutional guarantees, and is not ultra vires.

Parties
Appellants: V. J. Thomas and Ors.; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
23 April 1985
Procedural Posture
Civil Appeal / Supreme Court Final Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Promotion, Classification Under Article 14, Service Rules, Ultra Vires Challenge
Service Law Administrative Law Constitutional Law Promotion Classification Under Article 14 Service Rules Ultra Vires Challenge

Case Brief

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Parties

V. J. Thomas and Ors.

Appellants

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Appellate Judgment

Legal Issues

  1. 1 Whether the Note to clause (4) of Appendix I to the Telegraphic Engineering Service (Group B Posts) Recruitment Rules, 1981 is unconstitutional and introduces an impermissible classification, violating equality of opportunity for promotion under Article 14.

Ratio Decidendi

The restriction imposed by the Note to clause (4) of Appendix I to the 1981 Rules does not amount to discrimination or denial of equality of opportunity. The temporary classification restricting promotion opportunity for two years to pre-1973 Junior Engineers is based on rational and intelligible differentia, taking into consideration experience and the candidate to vacancy ratio. Such a classification is justified, does not offend constitutional guarantees, and is not ultra vires.

Court Disposition

Appeal dismissed

Orders

  • Successful candidates of the 1982 competitive examination must be promoted as Assistant Engineer within two months.
  • The next qualifying examination, permitting all eligible candidates, must be held by July 31, 1985 and results declared by September 30, 1985.