CHANDIGARH ADMINISTRATION ETC. ETC. versus K.K. JERATH

CHANDIGARH ADMINISTRATION ETC. ETC. versus K.K. JERATH

Superintending Engineers from all disciplines in Chandigarh administration are eligible for promotion to the post of Chief Engineer, subject to suitability under the Punjab Service of Engineers Rules, 1960; only if no suitable candidates are available may appointment by transfer/deputation from outside be made, and this appointment must be ad-hoc with review upon eligible cadre officer availability.

Parties
Appellant: Chandigarh Administration; Respondent: K.K. Jerath; Petitioner (slp): State Government (Punjab); Intervenor: Jagdish Singh Khehar; Intervenor: Ahok Mahajan
Jurisdiction
India
Judgment Date
27 September 1994
Procedural Posture
Civil Appeal and Special Leave Petition / Final Judgment
Outcome
appeal and special leave petition dismissed
Legal Topics
Eligibility for Promotion, Appointment by Transfer/deputation, Interpretation of Service Rules, Engineering Services in Chandigarh
Service Law Eligibility for Promotion Appointment by Transfer/deputation Interpretation of Service Rules Engineering Services in Chandigarh

Case Brief

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Parties

Chandigarh Administration

Appellant

K.K. Jerath

Respondent

State Government (Punjab)

Petitioner (slp)

Jagdish Singh Khehar

Intervenor

Ahok Mahajan

Intervenor

Procedural Posture

Civil Appeal and Special Leave Petition / Final Judgment

Legal Issues

  1. 1 Eligibility of Superintending Engineers from disciplines other than civil for post of Chief Engineer, Chandigarh
  2. 2 Whether appointment to post of Chief Engineer can be made by transfer/deputation from Punjab cadre exclusively

Ratio Decidendi

Superintending Engineers from all disciplines in Chandigarh administration are eligible for promotion to the post of Chief Engineer, subject to suitability under the Punjab Service of Engineers Rules, 1960; only if no suitable candidates are available may appointment by transfer/deputation from outside be made, and this appointment must be ad-hoc with review upon eligible cadre officer availability.

Court Disposition

appeal and special leave petition dismissed

Orders

  • Appellant directed to open sealed envelope containing DPC proceedings and comply with Tribunal's order within one month.