RAMESH KUMAR & ORS. ETC. versus STATE OF HIMACHAL PRADESH & ORS. ETC.

RAMESH KUMAR & ORS. ETC. versus STATE OF HIMACHAL PRADESH & ORS. ETC.

The amended notification dated 02.01.2010 insofar as it made passing of SAS Part II a mandatory qualification for promotion to Accounts Officer was arbitrary and illogical in relation to AAOs who were direct recruits (for whom the lower post did not require SAS Part II); the provision was therefore read down to apply only to promotion from Superintendent (D/A) to AAO and not to promotion to AO, the promotions of AAOs junior to direct recruits were set aside and the Board was directed to consider the direct recruit AAOs for promotion to AO from the dates on which their juniors were promoted; the appellants' prayer to avoid reversion was rejected.

Parties
Appellants (promoted Assistant Accounts Officers): Ramesh Kumar & Ors.; Respondents (himachal State Electricity Board and Others): State of Himachal Pradesh & Ors.; Respondents (direct Recruits Seeking Promotion): Direct recruit Assistant Accounts Officers (original writ petitioners)
Jurisdiction
India
Judgment Date
13 November 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dated 04.03.2020
Outcome
Appeals dismissed
Legal Topics
Promotion, Qualification for Promotion, Seniority, Regularisation of Appointment
Service Law Promotion Qualification for Promotion Seniority Regularisation of Appointment

Case Brief

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Parties

Ramesh Kumar & Ors.

Appellants (promoted Assistant Accounts Officers)

State of Himachal Pradesh & Ors.

Respondents (himachal State Electricity Board and Others)

Direct recruit Assistant Accounts Officers (original writ petitioners)

Respondents (direct Recruits Seeking Promotion)

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dated 04.03.2020

Legal Issues

  1. 1 Whether the requirement of passing SAS Part II for promotion to Accounts Officer (AO) under the amended notification dated 02.01.2010 is applicable to Assistant Accounts Officers (AAO) who were direct recruits
  2. 2 Whether the High Court was justified in setting aside promotions of AAOs junior to direct recruits and directing reconsideration of promotions
  3. 3 Whether the promotee appellants' promotions should be protected despite the challenge and delay

Ratio Decidendi

The amended notification dated 02.01.2010 insofar as it made passing of SAS Part II a mandatory qualification for promotion to Accounts Officer was arbitrary and illogical in relation to AAOs who were direct recruits (for whom the lower post did not require SAS Part II); the provision was therefore read down to apply only to promotion from Superintendent (D/A) to AAO and not to promotion to AO, the promotions of AAOs junior to direct recruits were set aside and the Board was directed to consider the direct recruit AAOs for promotion to AO from the dates on which their juniors were promoted; the appellants' prayer to avoid reversion was rejected.

Court Disposition

Appeals dismissed

Orders

  • Impugned judgment and order of the High Court dated 04.03.2020 upheld
  • Words 'must have passed SAS Part II' in the amended notification dated 02.01.2010 read down so as to restrict the requirement to promotion from Superintendent (D/A) to AAO and not to promotion to AO