A. TRIPATHI AND ANR. ETC. ETC. versus J.P. GUPTA AND ORS. ETC. ETC.

A. TRIPATHI AND ANR. ETC. ETC. versus J.P. GUPTA AND ORS. ETC. ETC.

In absence of government order requiring nomination of a technical expert, appointment of Chairman Jal Nigam with special administrative knowledge as expert on Selection Committee was valid; panel formed by 1985 selection continued until new selection in 1989; it is unjust to deny promotion to eligible candidate (Gupta) against vacancies existing in 1989; appointments made in 1992 during pendency of appeals must abide by outcome.

Parties
Appellant: A. Tripathi; Appellant: M.A. Rizvi; Appellant: U.P. Jal Nigam; Respondent: J.P. Gupta
Jurisdiction
India
Judgment Date
07 January 1993
Procedural Posture
Civil Appeal / Appeal Disposition
Outcome
Appeals disposed of. Selection Committee constitution valid. Appointment directions issued.
Legal Topics
Selection Committee Constitution, Promotion to Additional Chief Engineer, Expert Member Nomination
Service Law Administrative Law Selection Committee Constitution Promotion to Additional Chief Engineer Expert Member Nomination

Case Brief

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Parties

A. Tripathi

Appellant

M.A. Rizvi

Appellant

U.P. Jal Nigam

Appellant

J.P. Gupta

Respondent

Procedural Posture

Civil Appeal / Appeal Disposition

Legal Issues

  1. 1 Validity of nomination of Chairman Jal Nigam as expert on Selection Committee
  2. 2 Whether panel formed in 1985 continued till new selection in 1989
  3. 3 Right to appointment based on inclusion in selection panel

Ratio Decidendi

In absence of government order requiring nomination of a technical expert, appointment of Chairman Jal Nigam with special administrative knowledge as expert on Selection Committee was valid; panel formed by 1985 selection continued until new selection in 1989; it is unjust to deny promotion to eligible candidate (Gupta) against vacancies existing in 1989; appointments made in 1992 during pendency of appeals must abide by outcome.

Court Disposition

Appeals disposed of. Selection Committee constitution valid. Appointment directions issued.

Orders

  • Gupta, Tripathi, and Rizvi to be considered first for appointment by promotion to Additional Chief Engineer, Level II against available vacancies prior to 1992 selection; thereafter, candidates selected in 1992 to be considered for remaining vacancies.
  • Gupta to get seniority based on inclusion in 1985 panel; Tripathi and Rizvi's inter se seniority to be fixed per 1989 selection; Tripathi and Rizvi to be senior to persons appointed via 1992 selection.