D. STEPHEN JOSEPH versus UNION OF INDIA AND ORS.

D. STEPHEN JOSEPH versus UNION OF INDIA AND ORS.

Only those practices referable to the interpretation of the Rule can be considered; past practices not based on Rule cannot override explicit Rule language. Counting three years' service as Junior Engineer need not commence from date of degree acquisition if candidate possesses degree at time of promotion.

Parties
Appellant: D. Stephen Joseph; Respondents: Union of India and Ors.; Appellant: D.S. Garg
Jurisdiction
India
Judgment Date
25 April 1997
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Order
Outcome
appeal dismissed
Legal Topics
Promotion Rules, Counting Experience for Promotion, Interpretation of Promotion Quota Rules
Service Law Promotion Rules Counting Experience for Promotion Interpretation of Promotion Quota Rules

Case Brief

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Parties

D. Stephen Joseph

Appellant

Union of India and Ors.

Respondents

D.S. Garg

Appellant

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Order

Legal Issues

  1. 1 Whether three years' regular service as Junior Engineer for promotion to Assistant Engineer (50% quota) is to be counted from date of acquiring degree in Electrical Engineering or from prior service if the degree is possessed at time of promotion

Ratio Decidendi

Only those practices referable to the interpretation of the Rule can be considered; past practices not based on Rule cannot override explicit Rule language. Counting three years' service as Junior Engineer need not commence from date of degree acquisition if candidate possesses degree at time of promotion.

Court Disposition

appeal dismissed

Orders

  • No interference with Central Administrative Tribunal's ultimate decision
  • No order as to costs