K. TRIMURTHULU AND ORS. versus M.V.N. MURTHY AND ORS.

K. TRIMURTHULU AND ORS. versus M.V.N. MURTHY AND ORS.

Seniority must be counted from the date of regular appointment as per unmodified Ministry of Defence circulars; benefit of casual service rendered prior to regularisation cannot be used to determine seniority. Promotions of appellants based on casual service were in error; Tribunal acted in strict conformity with...

Source-derived case information.

Parties
Appellant: K. Trimurthulu and Ors.; Respondent: M.V.N. Murthy and Ors.
Jurisdiction
India
Judgment Date
11 February 1998
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Judgment Dated 2.4.1993
Outcome
Appeal dismissed
Legal Topics
Seniority, Promotion, Regularisation of Casual Service, Ministry of Defence Policy
Service Law Seniority Promotion Regularisation of Casual Service Ministry of Defence Policy

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Parties

K. Trimurthulu and Ors.

Appellant

M.V.N. Murthy and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Judgment Dated 2.4.1993

Legal Issues

  1. 1 Whether period of casual service prior to regularisation can be counted towards seniority for promotion
  2. 2 Effect of Ministry of Defence Circulars on seniority of casual employees

Ratio Decidendi

Seniority must be counted from the date of regular appointment as per unmodified Ministry of Defence circulars; benefit of casual service rendered prior to regularisation cannot be used to determine seniority. Promotions of appellants based on casual service were in error; Tribunal acted in strict conformity with applicable circulars.

Court Disposition

Appeal dismissed

Orders

  • Seniority to be counted from date of regular appointment; period of casual service excluded.
  • If appellants are entitled to any benefit other than seniority on basis of the circular dated 26.6.95, Government may consider their cases.