P.U. JOSHI AND ORS. versus THE ACCOUNTANT GENERAL, AHMEDABAD AND ORS.

P.U. JOSHI AND ORS. versus THE ACCOUNTANT GENERAL, AHMEDABAD AND ORS.

Supervisors, not having passed the required Section Officers Grade Examination and not meeting the further criterion of three years of regular service as Section Officer, are not eligible for promotion to Assistant Accounts Officers even if the pay scales and some duties are similar; the discretion to set recruitment and promotion criteria lies with the State, and statutory Tribunals cannot substitute their own views or direct the Government to alter such rules.

Parties
Appellants: P.U. Joshi and others; Respondents: The Accountant General, Ahmedabad and others
Jurisdiction
India
Judgment Date
19 December 2002
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeals by Supervisors/Appellants dismissed; appeal by Union of India and department allowed; order of Tribunal at Cuttack set aside; no order as to costs.
Legal Topics
Promotion in Government Services, Recruitment Rules, Public Administration Restructuring, Equal Pay for Equal Work, Jurisdiction of Tribunals
Service Law Promotion in Government Services Recruitment Rules Public Administration Restructuring Equal Pay for Equal Work Jurisdiction of Tribunals

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Parties

P.U. Joshi and others

Appellants

The Accountant General, Ahmedabad and others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether Supervisors in the Department of Indian Audit and Accounts are entitled to promotion to the cadre of Assistant Accounts Officer on the ground of parity in pay scales and duties with Section Officers and A.A.Os;
  2. 2 Whether the Tribunal can direct the Government to adopt a particular method of recruitment, eligibility criteria or avenues of promotion

Ratio Decidendi

Supervisors, not having passed the required Section Officers Grade Examination and not meeting the further criterion of three years of regular service as Section Officer, are not eligible for promotion to Assistant Accounts Officers even if the pay scales and some duties are similar; the discretion to set recruitment and promotion criteria lies with the State, and statutory Tribunals cannot substitute their own views or direct the Government to alter such rules.

Court Disposition

Appeals by Supervisors/Appellants dismissed; appeal by Union of India and department allowed; order of Tribunal at Cuttack set aside; no order as to costs.

Orders

  • Civil Appeal Nos. 4679-4680 of 1996 dismissed.
  • Civil Appeal No. 10983 of 1996 allowed; order in O.A. No. 144/1991 set aside.