R.R.S. CHOUHAN AND ORS. versus UNION OF INDIA AND ORS.

R.R.S. CHOUHAN AND ORS. versus UNION OF INDIA AND ORS.

The appellants were not appointed to a senior post within the cadre; their continuous officiation as O.S.D. in a lower pay scale post outside the cadre cannot be counted towards seniority or assignment of year of allotment in the Indian Forest Service. Additionally, periods when appellants' names did not appear in the select list break the continuity required under Rule 3(2)(c), thus disqualifying the benefit for seniority; appeals are dismissed for lack of merit.

Parties
Appellants: R.R.S. Chouhan and Others; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
28 March 1995
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal, Final Judgment of Supreme Court
Outcome
Appeal dismissed
Legal Topics
Seniority Determination in Indian Forest Service, Promotion, Officiation in Non Cadre Posts
Service Law Seniority Determination in Indian Forest Service Promotion Officiation in Non Cadre Posts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

R.R.S. Chouhan and Others

Appellants

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal, Final Judgment of Supreme Court

Legal Issues

  1. 1 Whether the period of continuous officiation on the post of Officer on Special Duty (O.S.D.) should be taken into account for assignment of year of allotment and seniority in the Indian Forest Service

Ratio Decidendi

The appellants were not appointed to a senior post within the cadre; their continuous officiation as O.S.D. in a lower pay scale post outside the cadre cannot be counted towards seniority or assignment of year of allotment in the Indian Forest Service. Additionally, periods when appellants' names did not appear in the select list break the continuity required under Rule 3(2)(c), thus disqualifying the benefit for seniority; appeals are dismissed for lack of merit.

Court Disposition

Appeal dismissed

Orders

  • Appeals dismissed; appellants not entitled to count period of continuous officiation in O.S.D. post towards seniority and assignment of year of allotment; parties to bear their own costs.