G.K. DUDANI & ORS. ETC. versus S.D. SHARMA & ORS.

G.K. DUDANI & ORS. ETC. versus S.D. SHARMA & ORS.

Promotees appointed to temporary and ex-cadre posts during period A from the select list prepared in consultation with Gujarat Public Service Commission were regularly appointed and entitled to seniority over direct recruits as per the Supreme Court directions in N.K. Chauhan. The High Court erroneously restricted 'regular appointments' to substantive vacancies in permanent cadre posts. Further, the issue had already been decided in earlier proceedings, and its reopening was barred by res judicata.

Parties
Appellant: G.K. Dudani & Ors.; Respondent: S.D. Sharma & Ors.; Appellant/respondent: State of Gujarat
Jurisdiction
India
Judgment Date
06 April 1986
Procedural Posture
Civil Appeal / Judgment After Appeal From Division Bench Orders of Gujarat High Court
Outcome
Civil Appeal No. 2359 of 1980 partly allowed; Civil Appeal No. 1816 of 1980 allowed; Orders of Gujarat High Court making rule absolute in Special Civil Application No. 1407 of 1978 set aside; Special Civil Application No. 2199 of 1978 rightly dismissed.
Legal Topics
Inter Se Seniority, Direct Recruits Vs Promotees, Cadre Definition, Substantive Capacity, Res Judicata in Writs, Temporary and Permanent Posts
Service Law Administrative Law Constitutional Law Inter Se Seniority Direct Recruits Vs Promotees Cadre Definition Substantive Capacity Res Judicata in Writs +1 more

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Parties

G.K. Dudani & Ors.

Appellant

S.D. Sharma & Ors.

Respondent

State of Gujarat

Appellant/respondent

Procedural Posture

Civil Appeal / Judgment After Appeal From Division Bench Orders of Gujarat High Court

Legal Issues

  1. 1 Whether promotees appointed to temporary or ex-cadre posts during period A could be deemed regularly appointed for seniority vis-à-vis direct recruits
  2. 2 Whether direct recruits could re-agitate the issue of regular appointment of promotees, given res judicata
  3. 3 Correct application of Supreme Court's directions in N.K. Chauhan's case regarding seniority and quota

Ratio Decidendi

Promotees appointed to temporary and ex-cadre posts during period A from the select list prepared in consultation with Gujarat Public Service Commission were regularly appointed and entitled to seniority over direct recruits as per the Supreme Court directions in N.K. Chauhan. The High Court erroneously restricted 'regular appointments' to substantive vacancies in permanent cadre posts. Further, the issue had already been decided in earlier proceedings, and its reopening was barred by res judicata.

Court Disposition

Civil Appeal No. 2359 of 1980 partly allowed; Civil Appeal No. 1816 of 1980 allowed; Orders of Gujarat High Court making rule absolute in Special Civil Application No. 1407 of 1978 set aside; Special Civil Application No. 2199 of 1978 rightly dismissed.

Orders

  • All interim orders passed in both appeals vacated.
  • The parties will bear and pay their own costs of these appeals.