LUXMI DEVI versus THE STATE OF HARYANA AND ORS.

LUXMI DEVI versus THE STATE OF HARYANA AND ORS.

The Court found that the appellant had consistently outperformed and outpaced respondent No. 6 in all aspects of service and that her seniority must be maintained despite any temporary postings or deputations, given the arbitrary and illegal attempt to revert her in rank.

Parties
Appellant: Luxmi Devi; Respondents: The State of Haryana and Ors.
Jurisdiction
India
Judgment Date
31 March 1997
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Punjab & Haryana High Court in C.w.p. No. 19006 of 1995
Outcome
Appeal allowed
Legal Topics
Seniority, Promotion, Confirmation in Service, Arbitrariness in Administrative Action
Service Law Seniority Promotion Confirmation in Service Arbitrariness in Administrative Action

Case Brief

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Parties

Luxmi Devi

Appellant

The State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Punjab & Haryana High Court in C.w.p. No. 19006 of 1995

Legal Issues

  1. 1 Whether the seniority of the appellant over respondent No. 6 was to be maintained despite deputation and posting in different ranges?
  2. 2 Whether the action of reverting the appellant to the rank of Assistant Sub-Inspector after deputation was legal?

Ratio Decidendi

The Court found that the appellant had consistently outperformed and outpaced respondent No. 6 in all aspects of service and that her seniority must be maintained despite any temporary postings or deputations, given the arbitrary and illegal attempt to revert her in rank.

Court Disposition

Appeal allowed

Orders

  • The State is directed to continue to maintain the seniority of the appellant over the 6th respondent in the respective posts, recognizing her superior performance as all rounder.
  • No order as to costs.