SATPAL ANTIL AND ANR. versus UNION OF INDIA AND ANR.

SATPAL ANTIL AND ANR. versus UNION OF INDIA AND ANR.

There is no express provision in the 1976 rules or the P&T Manual for determining inter-se seniority among candidates passing the departmental examination in the same year for promotion to Assistant Engineer (Civil). The general principle of length of service as a basis for promotion among eligible candidates should be applied, and para 206 P&T Manual, governing other branches, does not apply to the appellants' cadre.

Parties
Appellants: Satpal Antil and Anr.; Respondents: Union of India and Anr.
Jurisdiction
India
Judgment Date
05 May 1995
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Central Administrative Tribunal
Outcome
Appeal dismissed
Legal Topics
Seniority Determination, Promotion in Service, Departmental Examination, Recruitment Rules
Service Law Seniority Determination Promotion in Service Departmental Examination Recruitment Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Satpal Antil and Anr.

Appellants

Union of India and Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Central Administrative Tribunal

Legal Issues

  1. 1 Whether para 206 of P&T Manual Vol. IV is applicable to Civil Engineering Cadre for determining inter-se seniority among candidates passing departmental examination in the same year
  2. 2 Whether general principles of length of service should apply in absence of specific rules for inter-se seniority

Ratio Decidendi

There is no express provision in the 1976 rules or the P&T Manual for determining inter-se seniority among candidates passing the departmental examination in the same year for promotion to Assistant Engineer (Civil). The general principle of length of service as a basis for promotion among eligible candidates should be applied, and para 206 P&T Manual, governing other branches, does not apply to the appellants' cadre.

Court Disposition

Appeal dismissed

Orders

  • Appeals dismissed without any order as to costs