K.S. YADAV versus STATE OF HIMACHAL PRADESH AND ORS.

K.S. YADAV versus STATE OF HIMACHAL PRADESH AND ORS.

The posts of Headmasters/Headmistresses in Class II (Gazetted) category occupied prior to commencement of the 1980 Rules are not available for promotion until they fall vacant. The 1980 Rules do not provide for reversion of those already occupying such posts, nor for their fresh promotion under the roster. There has been no violation of Supreme Court directions in Sunita Sharma.

Parties
Appellant: K.S. Yadav; Respondents: State of Himachal Pradesh and Ors.
Jurisdiction
India
Judgment Date
28 November 1997
Procedural Posture
Civil Appeal / Appeal From Himachal Pradesh State Administrative Tribunal Order Dated 6.7.1994 in O.a. No. 2278 of 1993
Outcome
Appeal dismissed
Legal Topics
Recruitment Rules, Promotion, Seniority, Gazetted and Non Gazetted Posts
Service Law Recruitment Rules Promotion Seniority Gazetted and Non Gazetted Posts

Case Brief

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Parties

K.S. Yadav

Appellant

State of Himachal Pradesh and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Himachal Pradesh State Administrative Tribunal Order Dated 6.7.1994 in O.a. No. 2278 of 1993

Legal Issues

  1. 1 Whether the posts of Headmasters/Headmistresses (Class II Gazetted) occupied prior to 7.6.1980 were available for promotion under the Recruitment and Promotion Rules of 1980
  2. 2 Whether there was a violation of Supreme Court's directions in Sunita Sharma v. State of Himachal Pradesh (1993 Supp. 4 SCC 686)

Ratio Decidendi

The posts of Headmasters/Headmistresses in Class II (Gazetted) category occupied prior to commencement of the 1980 Rules are not available for promotion until they fall vacant. The 1980 Rules do not provide for reversion of those already occupying such posts, nor for their fresh promotion under the roster. There has been no violation of Supreme Court directions in Sunita Sharma.

Court Disposition

Appeal dismissed