A. JANARDHANA versus UNION OF INDIA AND OTHERS

A. JANARDHANA versus UNION OF INDIA AND OTHERS

The revision of the seniority list and promotion panel based on a misapplied quota was illegal and unconstitutional. Seniority lists of 1963 and 1967/68 were valid, being based on length of service, and revision could only apply to entrants after rules became statutory in 1969. Recruitment in relaxation of quota was valid, and promotees should not be demoted below later direct recruits. The panel for promotion drawn in 1975 based on the impugned list must be quashed, and a fresh panel prepared according to valid seniority lists.

Parties
Appellant: A. Janardhana; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
26 April 1983
Procedural Posture
Civil Appeal (arising From Writ Petition) / Supreme Court Decision on Appeal Against High Court Judgment
Outcome
Appeal allowed
Legal Topics
Seniority in Government Service, Recruitment and Promotion Rules, Quota and Rota System, Equality Under Article 14 and Article 16, Validity of Statutory and Administrative Rules
Service Law Constitutional Law Seniority in Government Service Recruitment and Promotion Rules Quota and Rota System Equality Under Article 14 and Article 16 Validity of Statutory and Administrative Rules

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Parties

A. Janardhana

Appellant

Union of India and Others

Respondents

Procedural Posture

Civil Appeal (arising From Writ Petition) / Supreme Court Decision on Appeal Against High Court Judgment

Legal Issues

  1. 1 Validity of revised 1974 inter-se seniority list and promotion panel in Military Engineer Services Class I
  2. 2 Interpretation of recruitment and promotion rules regarding quota between direct recruits and promotees
  3. 3 Retrospective revision of seniority lists and its constitutional validity

Ratio Decidendi

The revision of the seniority list and promotion panel based on a misapplied quota was illegal and unconstitutional. Seniority lists of 1963 and 1967/68 were valid, being based on length of service, and revision could only apply to entrants after rules became statutory in 1969. Recruitment in relaxation of quota was valid, and promotees should not be demoted below later direct recruits. The panel for promotion drawn in 1975 based on the impugned list must be quashed, and a fresh panel prepared according to valid seniority lists.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court dated May 15/17, 1979 is set aside
  • Writ of certiorari issued quashing and setting aside seniority list dated June 14, 1974