MD. RAISUL ISLAM AND ORS. versus GOKUL MOHAN HAZARIKA AND ORS.

MD. RAISUL ISLAM AND ORS. versus GOKUL MOHAN HAZARIKA AND ORS.

Once a process of selection is started under existing service rules, those rules continue to govern the entire selection process and determination of seniority, notwithstanding any amendments effected to the rules in the meantime. Seniority of ACS Class-I officers recruited/promoted pursuant to selection initiated prior to the 1986 amendment is governed by the unamended Assam Civil Services (Class-I) Rules, 1960, including the quota and rota provisions.

Parties
Petitioner: Md. Raisul Islam and Ors.; Respondent: Gokul Mohan Hazarika and Ors.
Jurisdiction
India
Judgment Date
06 July 2010
Procedural Posture
Special Leave Petition (civil) / Final Judgment on SLP
Outcome
Special Leave Petition dismissed
Legal Topics
Seniority, Selection Process, Amendment of Service Rules, Direct Recruitment Vs Promotion, Quota and Rota System
Service Law Seniority Selection Process Amendment of Service Rules Direct Recruitment Vs Promotion Quota and Rota System

Case Brief

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Parties

Md. Raisul Islam and Ors.

Petitioner

Gokul Mohan Hazarika and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Judgment on SLP

Legal Issues

  1. 1 Whether seniority of ACS Class-I officers recruited/promoted under selection process initiated prior to 1986 amendment is governed by the unamended Assam Civil Services (Class-I) Rules, 1960.
  2. 2 Whether quota/rota rules apply to appointments completed after service rule amendments.

Ratio Decidendi

Once a process of selection is started under existing service rules, those rules continue to govern the entire selection process and determination of seniority, notwithstanding any amendments effected to the rules in the meantime. Seniority of ACS Class-I officers recruited/promoted pursuant to selection initiated prior to the 1986 amendment is governed by the unamended Assam Civil Services (Class-I) Rules, 1960, including the quota and rota provisions.

Court Disposition

Special Leave Petition dismissed

Orders

  • Seniority of direct recruits and promotees to be determined in accordance with unamended Rule 4 (quota and rota) of Assam Civil Services (Class-I) Rules, 1960.
  • 45 direct recruits placed immediately below first 45 promotees from among 129 promotees for 1986 batch.