MD. ISRAILS AND ORS. versus STATE OF WEST BENGAL AND ORS.

MD. ISRAILS AND ORS. versus STATE OF WEST BENGAL AND ORS.

The inter se seniority of direct recruits and promotees has to be worked out treating the services of direct recruits from the date of their initial appointment and the services of the promotees from the date of their promotion being approved by the Public Service Commission and notified by the State Government; period of adhoc appointment prior to approval cannot be counted for seniority.

Parties
Appellants: MD. ISRAILS AND ORS.; Respondents: STATE OF WEST BENGAL AND ORS.
Jurisdiction
India
Judgment Date
07 January 2002
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Calcutta High Court
Outcome
Appeal allowed; impugned judgments of Calcutta High Court set aside.
Legal Topics
Seniority, Direct Recruitment, Promotion, Regularisation, Public Service Commission, Adhoc Appointment
Service Law Administrative Law Seniority Direct Recruitment Promotion Regularisation Public Service Commission Adhoc Appointment

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Parties

MD. ISRAILS AND ORS.

Appellants

STATE OF WEST BENGAL AND ORS.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Calcutta High Court

Legal Issues

  1. 1 Whether adhoc service prior to approval by Public Service Commission can be counted for seniority of promotees?
  2. 2 Whether consultation with Public Service Commission was required for promotion to Employment Officer?
  3. 3 Interpretation of Rule 6 of West Bengal Services (Determination of Seniority) Rules, 1981 regarding inter se seniority between direct recruits and promotees

Ratio Decidendi

The inter se seniority of direct recruits and promotees has to be worked out treating the services of direct recruits from the date of their initial appointment and the services of the promotees from the date of their promotion being approved by the Public Service Commission and notified by the State Government; period of adhoc appointment prior to approval cannot be counted for seniority.

Court Disposition

Appeal allowed; impugned judgments of Calcutta High Court set aside.

Orders

  • Inter se seniority to be worked out as per Court's directions; seniority list to be redrawn accordingly
  • No order as to costs