COAL INDIA LTD. & ANR. versus NAVIN KUMAR SINGH

COAL INDIA LTD. & ANR. versus NAVIN KUMAR SINGH

Past service rendered in the parent unit (DCC) must be taken into account for determining eligibility for promotion in the new company (CMPDIL) after inter-company transfer on personal request. Seniority in the new company is reckoned from date of joining, but eligibility for promotion includes prior service.

Parties
Appellant: Coal India Ltd. & Anr.; Respondent: Navin Kumar Singh
Jurisdiction
India
Judgment Date
25 September 2018
Procedural Posture
Civil Appeal / Appeal From Jharkhand High Court Judgment and Order
Outcome
Appeals dismissed
Legal Topics
Promotion, Inter Company Transfer, Seniority, Eligibility for Promotion
Service Law Promotion Inter Company Transfer Seniority Eligibility for Promotion

Case Brief

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Parties

Coal India Ltd. & Anr.

Appellant

Navin Kumar Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Jharkhand High Court Judgment and Order

Legal Issues

  1. 1 Whether past service rendered in the parent unit should be considered for eligibility for promotion after an inter-company transfer on personal request
  2. 2 Whether exclusion of past service affects seniority or eligibility for promotion

Ratio Decidendi

Past service rendered in the parent unit (DCC) must be taken into account for determining eligibility for promotion in the new company (CMPDIL) after inter-company transfer on personal request. Seniority in the new company is reckoned from date of joining, but eligibility for promotion includes prior service.

Court Disposition

Appeals dismissed

Orders

  • Respondent's notional date of promotion to E-3 Grade with effect from 12th November, 1993 is upheld
  • No order as to costs