KKM NAIR AND ORS. versus UNION OF INDIA AND ORS.

Civil Appeal No. 441/81 (Virendra Kumar v. Union of India) wrongly granted promotional benefits based on executive instructions superseded by later circular and not in consonance with statutory rules. Affected persons not party to earlier litigation cannot be bound by those judgments; Tribunal order setting aside ante-dated seniority is in conformity with law as laid down in Paluru Ramkrishnaiah's case.

Parties: Appellants: K.K.M. Nair and Others; Respondents: Union of India and Others
Jurisdiction: India
Judgment Date: 31 March 1993
Procedural Posture: Civil Appeal / Appeal From Central Administrative Tribunal Jabalpur Order Dated 14.2.1991 in O.a. No. 217 of 1987
Outcome: Appeal dismissed
Legal Topics: Seniority, Promotion, Service Rules, Administrative Tribunal Appeals

Civil Service Law Seniority Promotion Service Rules Administrative Tribunal Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

K.K.M. Nair and Others

Appellants

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Jabalpur Order Dated 14.2.1991 in O.a. No. 217 of 1987

Legal Issues

1 Whether ante-dated seniority and promotion benefits granted pursuant to earlier High Court and Supreme Court orders could be upheld when affected parties were not impleaded and later challenged before the Tribunal; Whether Civil Appeal No. 441/81 (Virendra Kumar v. Union of India) was correctly decided in light of subsequent overruling in Paluru Ramkrishnaiah's case

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal is dismissed; no costs.
Impugned order of Central Administrative Tribunal Jabalpur setting aside DG's order giving ante-dated seniority to appellants is upheld.