SHEIKH ABDUL RASHID & ORS. versus STATE OF J & K & ORS.

SHEIKH ABDUL RASHID & ORS. versus STATE OF J & K & ORS.

The order granting retrospective promotion to the respondents was invalid as it violated statutory rules and conferred no right to seniority from the date of entry in the promotion list; inter se seniority must be determined as per statutory rules, and executive orders cannot override these provisions.

Parties
Appellants: Sheikh Abdul Rashid & Ors.; Respondents: State of J & K & Ors.
Jurisdiction
India
Judgment Date
05 December 2007
Procedural Posture
Civil Appeal / Appeal From Final Judgment of High Court of Jammu & Kashmir at Srinagar in LPA Nos. 164/2004, 6, 19 and 20/2005
Outcome
Appeals allowed; impugned judgment set aside.
Legal Topics
Seniority, Promotion, Retrospective Promotion, Executive Orders, Statutory Rules, Monetary Benefits
Service Law Administrative Law Constitutional Law Seniority Promotion Retrospective Promotion Executive Orders Statutory Rules +1 more

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Parties

Sheikh Abdul Rashid & Ors.

Appellants

State of J & K & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Final Judgment of High Court of Jammu & Kashmir at Srinagar in LPA Nos. 164/2004, 6, 19 and 20/2005

Legal Issues

  1. 1 Whether retrospective promotion can be validly granted to promotees over direct recruits, ignoring statutory rules.
  2. 2 Whether executive orders can override statutory rules in determining inter se seniority.

Ratio Decidendi

The order granting retrospective promotion to the respondents was invalid as it violated statutory rules and conferred no right to seniority from the date of entry in the promotion list; inter se seniority must be determined as per statutory rules, and executive orders cannot override these provisions.

Court Disposition

Appeals allowed; impugned judgment set aside.

Orders

  • Order dated 3.12.1985 granting retrospective promotion is set aside.
  • Appellants to be treated as senior to respondents as per statutory rules.