HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD. AND ORS. versus SEEMA SHARMA AND ORS.

HARYANA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD. AND ORS. versus SEEMA SHARMA AND ORS.

The question of whether promotion should be based on seniority or Merit-cum-Seniority is vitally important and was not decided by the courts below. The High Court must decide this question before determining the respondent's claim.

Parties
Appellant: Haryana State Electronics Development Corporation Ltd. and Ors.; Respondent: Seema Sharma and Ors.
Jurisdiction
India
Judgment Date
05 May 2009
Procedural Posture
Civil Appeal / Appeal Disposed Of; Remanded to High Court
Outcome
Matter remanded to High Court for re-hearing; no opinion expressed on merits; appeal disposed of.
Legal Topics
Promotion, Seniority, Merit Cum Seniority, Seniority Cum Merit
Service Law Promotion Seniority Merit Cum Seniority Seniority Cum Merit

Case Brief

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Parties

Haryana State Electronics Development Corporation Ltd. and Ors.

Appellant

Seema Sharma and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Disposed Of; Remanded to High Court

Legal Issues

  1. 1 Whether promotion claim of respondent only on the basis of seniority is sustainable when departmental promotion rules base promotion on Merit-cum-Seniority

Ratio Decidendi

The question of whether promotion should be based on seniority or Merit-cum-Seniority is vitally important and was not decided by the courts below. The High Court must decide this question before determining the respondent's claim.

Court Disposition

Matter remanded to High Court for re-hearing; no opinion expressed on merits; appeal disposed of.

Orders

  • High Court to re-hear the second appeal and decide whether the corporation must follow the principle of Merit-cum-Seniority in granting promotion.
  • High Court requested to dispose of the matter preferably within four months from production of this order.