K.A. ABDUL MAJEED versus THE STATE OF KERALA AND ORS.

K.A. ABDUL MAJEED versus THE STATE OF KERALA AND ORS.

If an employee has been duly appointed after a proper selection process and has completed probation successfully, his initial appointment cannot be reopened after a long lapse of time for the purpose of altering seniority, and seniority must be determined as per Rule 27 of the Kerala Subordinate Service Rules, i.e., from the date of initial appointment unless he was reduced in rank as punishment or any period does not count towards probation.

Parties
Appellant: K.A. Abdul Majeed; Respondents: The State of Kerala and Ors.
Jurisdiction
India
Judgment Date
07 August 2001
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment in Writ Appeal
Outcome
Appeal allowed
Legal Topics
Seniority, Appointment Procedure, Promotion, Validity of Appointment, Seniority List, Probation, Application of Rules
Service Law Seniority Appointment Procedure Promotion Validity of Appointment Seniority List Probation Application of Rules

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

K.A. Abdul Majeed

Appellant

The State of Kerala and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment in Writ Appeal

Legal Issues

  1. 1 Whether the appellant's initial appointment as Lower Division Typist was regular and could be questioned after a long lapse of time for purposes of seniority
  2. 2 Whether seniority should be fixed from the appellant's initial appointment or from the date of acquiring additional qualifications as per the Public Service Commission

Ratio Decidendi

If an employee has been duly appointed after a proper selection process and has completed probation successfully, his initial appointment cannot be reopened after a long lapse of time for the purpose of altering seniority, and seniority must be determined as per Rule 27 of the Kerala Subordinate Service Rules, i.e., from the date of initial appointment unless he was reduced in rank as punishment or any period does not count towards probation.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court (Single Judge and Division Bench) set aside
  • Impugned final seniority list quashed