BHAGWAN DAS AND OTHERS versus INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND OTHERS

BHAGWAN DAS AND OTHERS versus INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND OTHERS

In the absence of evidence establishing the date of regular appointment as Assistants, the petitioners cannot claim seniority over direct recruits solely on the basis of exercising option to join the Society. Seniority must be determined from the date of regular appointment to the grade, as per the applicable rules and memoranda, and not from an earlier deemed date or from the date of option. The revised seniority list does not violate Article 14 or 16.

Parties
Petitioners: Bhagwan Das and Others; Respondents: Indian Council of Agricultural Research and Others
Jurisdiction
India
Judgment Date
30 April 1985
Procedural Posture
Writ Petition (original Jurisdiction) Under Article 32 of the Constitution of India / Final Judgment
Outcome
Writ petition dismissed
Legal Topics
Seniority, Promotion, Service Conditions, Equality Before Law
Constitutional Law Service Law Seniority Promotion Service Conditions Equality Before Law

Case Brief

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Parties

Bhagwan Das and Others

Petitioners

Indian Council of Agricultural Research and Others

Respondents

Procedural Posture

Writ Petition (original Jurisdiction) Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether the revised seniority list of Assistants in the Indian Council of Agricultural Research (ICAR) violates Article 14 and 16 of the Constitution
  2. 2 Whether petitioners are entitled to seniority based on the date of their option into the reorganised society or only from the date of regular appointment

Ratio Decidendi

In the absence of evidence establishing the date of regular appointment as Assistants, the petitioners cannot claim seniority over direct recruits solely on the basis of exercising option to join the Society. Seniority must be determined from the date of regular appointment to the grade, as per the applicable rules and memoranda, and not from an earlier deemed date or from the date of option. The revised seniority list does not violate Article 14 or 16.

Court Disposition

Writ petition dismissed

Orders

  • Petition dismissed; parties directed to bear their own costs.