KULDIP CHAND versus UNION OF INDIA AND ORS.

KULDIP CHAND versus UNION OF INDIA AND ORS.

Respondent-4, having continuously served as clerk since November 29, 1976, is senior to the appellant, whose posting as storekeeper was a result of fortuitous circumstances and not in his own right. Delay in challenging the seniority list was immaterial because the list was illegally prepared and the legitimate claim for promotion arose only when aggrieved.

Parties
Appellant: Kuldip Chand; Respondents 1 3: Union of India and Ors.; Respondent 4: Ashok Kumar
Jurisdiction
India
Judgment Date
24 August 1995
Procedural Posture
Civil Appeal / Final Order on Appeal
Outcome
Appeal dismissed
Legal Topics
Seniority, Promotion, Seniority List, Fortuitous Service, Delay in Filing Writ Petition
Service Law Seniority Promotion Seniority List Fortuitous Service Delay in Filing Writ Petition

Case Brief

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Parties

Kuldip Chand

Appellant

Union of India and Ors.

Respondents 1 3

Ashok Kumar

Respondent 4

Procedural Posture

Civil Appeal / Final Order on Appeal

Legal Issues

  1. 1 Whether fortuitous service can be reckoned for seniority in promotion to accountant
  2. 2 Whether delay in challenging illegally prepared seniority list disentitles the claim for seniority

Ratio Decidendi

Respondent-4, having continuously served as clerk since November 29, 1976, is senior to the appellant, whose posting as storekeeper was a result of fortuitous circumstances and not in his own right. Delay in challenging the seniority list was immaterial because the list was illegally prepared and the legitimate claim for promotion arose only when aggrieved.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No costs