CHANDRAMOHAN PANDURANG KAJBAJE versus STATE OF MAHARASHTRA AND ORS.

CHANDRAMOHAN PANDURANG KAJBAJE versus STATE OF MAHARASHTRA AND ORS.

Non-PSC selectee employees cannot claim seniority over PSC selectees appointed regularly and lawfully through Public Service Commission until their appointments are regularized by the appointing authority. The final seniority lists, published on 6th March, 1997 and 26th March, 1997, are validly prepared in pursuance of Supreme Court directions.

Parties
Appellant: Chandramohan Pandurang Kajbaje; Respondents: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
07 January 2008
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order Dated 11.10.2000 of the Bombay High Court in W.p. No. 3024/1997
Outcome
Appeal allowed
Legal Topics
Seniority, Regularization of Appointments, Public Service Commission, Inter Se Seniority, Government Resolution
Service Law Seniority Regularization of Appointments Public Service Commission Inter Se Seniority Government Resolution

Case Brief

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Parties

Chandramohan Pandurang Kajbaje

Appellant

State of Maharashtra and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order Dated 11.10.2000 of the Bombay High Court in W.p. No. 3024/1997

Legal Issues

  1. 1 Whether the final inter-se seniority lists published on 6th March, 1997 and 26th March, 1997 were in pursuance to directions of Supreme Court
  2. 2 Whether non-PSC selectee employees can claim seniority vis-a-vis regularly and properly appointed PSC selectees

Ratio Decidendi

Non-PSC selectee employees cannot claim seniority over PSC selectees appointed regularly and lawfully through Public Service Commission until their appointments are regularized by the appointing authority. The final seniority lists, published on 6th March, 1997 and 26th March, 1997, are validly prepared in pursuance of Supreme Court directions.

Court Disposition

Appeal allowed

Orders

  • The final seniority lists published on 6th March, 1997 and 26th March, 1997 are validly made and in pursuance of the directions of this Court.
  • The impugned order of the High Court dated 11th October, 2000 is set aside.