AMARJEET SINGH & ORS. versus DEVI RATAN & ORS.

AMARJEET SINGH & ORS. versus DEVI RATAN & ORS.

The year of recruitment and criteria of promotion govern seniority; promotions made under different DPCs with different criteria and recruitment years cannot be equated merely due to same-day postings; challenge to seniority list without challenging the promotions is not permissible; the original seniority list reflecting these principles must prevail.

Parties
Appellant: Amarjeet Singh & Ors.; Respondent: Devi Ratan & Ors.; Amicus Curiae: Gaurav Aggarwal
Jurisdiction
India
Judgment Date
18 November 2009
Procedural Posture
Civil Appeal / Supreme Court Final Order
Outcome
Appeals allowed; impugned High Court judgment set aside.
Legal Topics
Seniority, Promotion, Government Service, Retrospective Promotions, Equitable Relief, Interim Orders
Service Law Seniority Promotion Government Service Retrospective Promotions Equitable Relief Interim Orders

Case Brief

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Parties

Amarjeet Singh & Ors.

Appellant

Devi Ratan & Ors.

Respondent

Gaurav Aggarwal

Amicus Curiae

Procedural Posture

Civil Appeal / Supreme Court Final Order

Legal Issues

  1. 1 Fixing of inter se seniority among government employees promoted by successive Departmental Promotion Committees (DPC) under different criteria
  2. 2 Validity of seniority list consequent to promotions under different rules
  3. 3 Permissibility of challenging consequential seniority without challenging promotions

Ratio Decidendi

The year of recruitment and criteria of promotion govern seniority; promotions made under different DPCs with different criteria and recruitment years cannot be equated merely due to same-day postings; challenge to seniority list without challenging the promotions is not permissible; the original seniority list reflecting these principles must prevail.

Court Disposition

Appeals allowed; impugned High Court judgment set aside.

Orders

  • Seniority list dated 12.7.2000 to prevail.
  • Seniority list dated 26.7.2002 quashed.