MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY versus A. GEETHA AND ORS.

MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY versus A. GEETHA AND ORS.

The right to exercise an option regarding the channel of promotion under Clause 10 is conferred only at the stage of promotion from Group C to Group B and does not extend to employees already appointed in Group B by direct recruitment. The Standing Instructions do not suffer from the vice of discrimination under Article 14 as the right of option is available at the appropriate promotional stage, and there is no invidious discrimination between direct recruits and promotees after appointment in Group B.

Parties
Appellant: Marine Products Export Development Authority; Respondents: A. Geetha and Ors.
Jurisdiction
India
Judgment Date
12 September 1997
Procedural Posture
Civil Appeal / Supreme Court Appeal From Division Bench Judgment of Kerala High Court
Outcome
Appeal allowed
Legal Topics
Promotion in Public Service, Right to Equality Under Article 14, Interpretation of Service Rules, Channels of Promotion, Standing Instructions
Service Law Constitutional Law Promotion in Public Service Right to Equality Under Article 14 Interpretation of Service Rules Channels of Promotion Standing Instructions

Case Brief

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Parties

Marine Products Export Development Authority

Appellant

A. Geetha and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Division Bench Judgment of Kerala High Court

Legal Issues

  1. 1 Whether the right to choose channel of promotion under Clause 10 of the Standing Instructions is limited to promotion from Group C to Group B or extends to Group B employees promoted to Group A.
  2. 2 Whether Clause 10 of the Standing Instructions is violative of Article 14 of the Constitution.

Ratio Decidendi

The right to exercise an option regarding the channel of promotion under Clause 10 is conferred only at the stage of promotion from Group C to Group B and does not extend to employees already appointed in Group B by direct recruitment. The Standing Instructions do not suffer from the vice of discrimination under Article 14 as the right of option is available at the appropriate promotional stage, and there is no invidious discrimination between direct recruits and promotees after appointment in Group B.

Court Disposition

Appeal allowed

Orders

  • The judgment of the Division Bench of the Kerala High Court dated December 20, 1994 and the judgment of the learned Single Judge dated February 18, 1994 are set aside.
  • The writ petitions are dismissed.