SYED KHALID RIZVI AND ORS. ETC. versus UNION OF INDIA AND ORS. ETC. ETC.

SYED KHALID RIZVI AND ORS. ETC. versus UNION OF INDIA AND ORS. ETC. ETC.

Seniority for promotee officers in the IPS is to be reckoned only from the later of their inclusion in the select list/approval by UPSC and their continuous officiation in a senior post, as per rule 3(3)(b) and its explanation; earlier ad hoc or temporary arrangements made without following required rules, regulations, and approvals do not confer rights to seniority. Failure to prepare select list as per schedule is not deemed to relax the rules; compliance with recruitment, promotion, and seniority rules is mandatory for valid appointments and seniority computation.

Parties
Appellants: Syed Khalid Rizvi and Others; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
20 November 1992
Procedural Posture
Civil Appeals and Writ Petition / Supreme Court Judgment on Appeal From Orders of the Central Administrative Tribunal; Writ Petition Disposed
Outcome
Appeals allowed; writ petition dismissed as not maintainable.
Legal Topics
Seniority Determination, Promotion in Public Services, Interpretation of Service Rules, All India Services Act, Seniority Between Direct Recruits and Promotees
Service Law Administrative Law Constitutional Law Seniority Determination Promotion in Public Services Interpretation of Service Rules All India Services Act Seniority Between Direct Recruits and Promotees

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Parties

Syed Khalid Rizvi and Others

Appellants

Union of India and Others

Respondents

Procedural Posture

Civil Appeals and Writ Petition / Supreme Court Judgment on Appeal From Orders of the Central Administrative Tribunal; Writ Petition Disposed

Legal Issues

  1. 1 Whether promotees are entitled to seniority from the date of their initial promotions/officiation or only from their inclusion in the select list and regular appointment under the relevant rules
  2. 2 Whether select list must be prepared every year
  3. 3 Whether temporary or ad hoc appointments entitle promotees to claim seniority

Ratio Decidendi

Seniority for promotee officers in the IPS is to be reckoned only from the later of their inclusion in the select list/approval by UPSC and their continuous officiation in a senior post, as per rule 3(3)(b) and its explanation; earlier ad hoc or temporary arrangements made without following required rules, regulations, and approvals do not confer rights to seniority. Failure to prepare select list as per schedule is not deemed to relax the rules; compliance with recruitment, promotion, and seniority rules is mandatory for valid appointments and seniority computation.

Court Disposition

Appeals allowed; writ petition dismissed as not maintainable.

Orders

  • Arrears paid to retirees not to be recovered; promotions already made to some promotees shall not be recalled if officers continue in office; continuing officers not entitled to future promotions on basis of Tribunal directions until eligible as per this judgment.
  • Registry to return notional seniority lists to State Government for objections; finalized and verified lists to be communicated via prescribed procedure involving State Government, Central Government, and UPSC as per law.