CHANDER BHAN versus HOTILAL GUPTA AND OTHERS

CHANDER BHAN versus HOTILAL GUPTA AND OTHERS

Rule of rotation for promotion under Rule VI of High Court Rules does not apply to appointments in the establishment of Judge, Small Causes Court; promotion and initial appointments must be made by the Judge, Small Causes Court, not the District & Sessions Judge. Therefore, the claim of the appellant on the basis of rule of rotation fails.

Parties
Appellant: Chander Bhan; Respondent No. 1: Hotilal Gupta; Respondents: Respondent Nos. 5, 6 & 7
Jurisdiction
India
Judgment Date
09 October 1990
Procedural Posture
Civil Appeal / Final Decision on Appeal Against Delhi High Court Judgment in Civil Writ Petition No. 1003 of 1974
Outcome
Appeal dismissed
Legal Topics
Promotion in Ministerial Cadre, Rule of Rotation, Court Establishment Cadre, Officers' Appointment and Promotion
Service Law Administrative Law Promotion in Ministerial Cadre Rule of Rotation Court Establishment Cadre Officers' Appointment and Promotion

Case Brief

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Parties

Chander Bhan

Appellant

Hotilal Gupta

Respondent No. 1

Respondent Nos. 5, 6 & 7

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal Against Delhi High Court Judgment in Civil Writ Petition No. 1003 of 1974

Legal Issues

  1. 1 Whether the rule of rotation for promotion under Rule VI of High Court Rules applies to the establishment of Judge, Small Causes Court
  2. 2 Who is the competent authority to promote ministerial officers in Small Causes Court

Ratio Decidendi

Rule of rotation for promotion under Rule VI of High Court Rules does not apply to appointments in the establishment of Judge, Small Causes Court; promotion and initial appointments must be made by the Judge, Small Causes Court, not the District & Sessions Judge. Therefore, the claim of the appellant on the basis of rule of rotation fails.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • No order as to costs.