SHAM SUNDER versus UNION OF INDIA & ORS.
The General Manager was competent to amend the published selection panel with the approval of the Railway Board, and the decision to restrict the panel to 24 persons was not perverse, discriminatory, or violative of Articles 14 and 16. All retained persons were senior to the petitioner, and there was no denial of equal opportunity within the same class of employees.
- Parties
- Petitioner: Sham Sunder; Respondents: Union of India & Ors.
- Jurisdiction
- India
- Judgment Date
- 15 July 1968
- Procedural Posture
- Writ Petition / Final Judgment
- Outcome
- Petition dismissed
- Legal Topics
- Promotion Procedures in Government Service, Equal Opportunity in Employment, Amendment of Selection Panels, Fundamental Rights Enforcement Under Articles 14 and 16
Case Brief
Summary, issues, holding and outcome
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Parties
Sham Sunder
Petitioner
Union of India & Ors.
Respondents
Procedural Posture
Writ Petition / Final Judgment
Legal Issues
- 1 Whether amendment of the published promotion panel violates fundamental rights under Articles 14 and 16
- 2 Whether anticipated vacancies due to upgradation should be included in selection panels
Ratio Decidendi
The General Manager was competent to amend the published selection panel with the approval of the Railway Board, and the decision to restrict the panel to 24 persons was not perverse, discriminatory, or violative of Articles 14 and 16. All retained persons were senior to the petitioner, and there was no denial of equal opportunity within the same class of employees.
Court Disposition
Petition dismissed
Orders
- No order as to costs
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