HARIHARAN & ORS. versus HARSH VARDHAN SINGH RAO & ORS

HARIHARAN & ORS. versus HARSH VARDHAN SINGH RAO & ORS

The Court held that for the cadre of Income Tax Inspectors the recruitment/vacancy year had been treated as the financial year and the process to recruit direct recruits for the 2009-10 vacancies (CGLE-2010) commenced in that recruitment year; the seniority list dated 7 September 2016 was correctly published in terms of N.R. Parmar by interspacing direct recruits eligible in recruitment year 2009-10 with promotees of that year; the decision in K. Meghachandra requires reconsideration by a larger Bench because binding precedents on rotation of quota were not placed before that Bench; accordingly the matter is referred to a larger Bench, the interim relief previously granted is vacated and...

Parties
Appellant: Hariharan & Ors.; Respondent: Harsh Vardhan Singh Rao & Ors.
Jurisdiction
India
Judgment Date
14 December 2022
Procedural Posture
Civil Appeal / Leave Granted; Referred to Larger Bench of Five Judges
Outcome
Interim order vacated; matter referred to a larger Bench; impugned High Court judgment restored and to be given effect subject to final outcome
Legal Topics
Seniority, Rotation of Quota, Recruitment Year, Inter Se Seniority, Reference to Larger Bench, Prospective Overruling
Service Law Administrative Law Seniority Rotation of Quota Recruitment Year Inter Se Seniority Reference to Larger Bench Prospective Overruling

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hariharan & Ors.

Appellant

Harsh Vardhan Singh Rao & Ors.

Respondent

Procedural Posture

Civil Appeal / Leave Granted; Referred to Larger Bench of Five Judges

Legal Issues

  1. 1 Whether the recruitment year is a financial year or calendar year
  2. 2 Whether the decision in K. Meghachandra is per incuriam or requires reconsideration
  3. 3 Whether inter-se seniority of direct recruits and promotees in these facts can be determined as per Union of India v. N. R. Parmar

Ratio Decidendi

The Court held that for the cadre of Income Tax Inspectors the recruitment/vacancy year had been treated as the financial year and the process to recruit direct recruits for the 2009-10 vacancies (CGLE-2010) commenced in that recruitment year; the seniority list dated 7 September 2016 was correctly published in terms of N.R. Parmar by interspacing direct recruits eligible in recruitment year 2009-10 with promotees of that year; the decision in K. Meghachandra requires reconsideration by a larger Bench because binding precedents on rotation of quota were not placed before that Bench; accordingly the matter is referred to a larger Bench, the interim relief previously granted is vacated and...

Court Disposition

Interim order vacated; matter referred to a larger Bench; impugned High Court judgment restored and to be given effect subject to final outcome

Orders

  • Interim relief granted on 13 July 2018 vacated
  • Registry directed to place petition before Chief Justice for appropriate orders and reference to a larger Bench of five Judges