H.L. RANDEV AND ORS. versus HIGH COURT OF PUNJAB AND HARYANA AND ORS.

H.L. RANDEV AND ORS. versus HIGH COURT OF PUNJAB AND HARYANA AND ORS.

Since the appellants (promotees) were not appointed in cadre posts or within their quota prior to 31 December 1976, they did not become members of service before amendment. Therefore, their seniority cannot be counted from any date anterior to their appointment in cadre posts after the 1976 amendment. Direct recruits, appointed per their quota in cadre posts prior to amendment, have seniority from their date of appointment. The High Court's seniority list is in compliance with this principle.

Parties
Appellants: H.L. Randev and Others; Respondents: High Court of Punjab and Haryana and Others
Jurisdiction
India
Judgment Date
01 November 1990
Procedural Posture
Civil Appeal / Supreme Court Judgment on Merits (appeal Against High Court Order Dismissing Writ in Limine)
Outcome
Appeal dismissed
Legal Topics
Seniority Determination, Interpretation of Service Rules, Promotees Vs Direct Recruits, Judicial Service
Service Law Seniority Determination Interpretation of Service Rules Promotees Vs Direct Recruits Judicial Service

Case Brief

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Parties

H.L. Randev and Others

Appellants

High Court of Punjab and Haryana and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Merits (appeal Against High Court Order Dismissing Writ in Limine)

Legal Issues

  1. 1 Whether the seniority of direct recruits appointed prior to the 1976 amendment of the Punjab Superior Judicial Service Rules, 1963 should be counted from their date of confirmation or from the date of appointment.
  2. 2 Whether the appellants (promotees) are entitled to have their seniority reckoned from an earlier date given the 1976 amendments.

Ratio Decidendi

Since the appellants (promotees) were not appointed in cadre posts or within their quota prior to 31 December 1976, they did not become members of service before amendment. Therefore, their seniority cannot be counted from any date anterior to their appointment in cadre posts after the 1976 amendment. Direct recruits, appointed per their quota in cadre posts prior to amendment, have seniority from their date of appointment. The High Court's seniority list is in compliance with this principle.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. There will be no order as to costs.