G.S. LAMBA & ORS. versus UNION OF INDIA & ORS.

G.S. LAMBA & ORS. versus UNION OF INDIA & ORS.

The impugned seniority lists, drawn up strictly following quota-rota principles despite significant deviation from prescribed quota over many years and the promotion of petitioners to substantive vacancies, violated Articles 14 and 16 of the Constitution. Continuous officiation in substantive posts, even if promoted in excess of quota, is to determine seniority over later recruits, when adherence to quota/rota became impractical. The lists must be quashed and a new list prepared according to continuous officiation and relaxation principles.

Parties
Petitioners: G.S. Lamba & Ors.; Respondents: Union of India & Ors.; Respondent in Person: Respondent No. 26
Jurisdiction
India
Judgment Date
22 March 1985
Procedural Posture
Writ Petition (civil) Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petition allowed.
Legal Topics
Seniority of Government Servants, Quota and Rota Rules, Service Jurisprudence, Power of Relaxation of Service Rules
Constitutional Law Service Law Administrative Law Seniority of Government Servants Quota and Rota Rules Service Jurisprudence Power of Relaxation of Service Rules

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Parties

G.S. Lamba & Ors.

Petitioners

Union of India & Ors.

Respondents

Respondent No. 26

Respondent in Person

Procedural Posture

Writ Petition (civil) Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether the seniority lists for the Integrated Grades II and III of Indian Foreign Service Branch 'B' were violative of Articles 14 and 16 of the Constitution by according seniority to later direct recruits over earlier promoted departmental promotees.
  2. 2 Whether continuous officiation in a cadre confers seniority over later recruits when quota and rota rules are not strictly adhered to.
  3. 3 Whether the power to relax statutory service rules permits departure from quota rules without invalidating the appointments.

Ratio Decidendi

The impugned seniority lists, drawn up strictly following quota-rota principles despite significant deviation from prescribed quota over many years and the promotion of petitioners to substantive vacancies, violated Articles 14 and 16 of the Constitution. Continuous officiation in substantive posts, even if promoted in excess of quota, is to determine seniority over later recruits, when adherence to quota/rota became impractical. The lists must be quashed and a new list prepared according to continuous officiation and relaxation principles.

Court Disposition

Petition allowed.

Orders

  • The impugned seniority lists are quashed as violative of Articles 14 and 16.
  • First respondent is directed to prepare a fresh seniority list in the light of this judgment within three months.