M.B. JOSHI AND ORS. ETC. ETC. versus SATISH KUMAR PANDEY AND ORS. ETC. ETC.

M.B. JOSHI AND ORS. ETC. ETC. versus SATISH KUMAR PANDEY AND ORS. ETC. ETC.

In the absence of a specific rule, seniority for promotion among Graduate Sub-Engineers must be reckoned from the date of continuous officiation as Sub-Engineer, not from the date of acquiring the degree. The incentive of reducing the qualifying period from 12 to 8 years for those who acquire a degree during service does not affect the basis of seniority, which remains the length of service in the cadre.

Parties
Appellant: M.B. Joshi and others; Respondent: Satish Kumar Pandey and others
Jurisdiction
India
Judgment Date
15 October 1992
Procedural Posture
Civil Appeal / Appeal From Madhya Pradesh Administrative Tribunal
Outcome
Appeals allowed
Legal Topics
Promotion, Seniority, Public Health Engineering Service Rules, Service Jurisprudence
Service Law Promotion Seniority Public Health Engineering Service Rules Service Jurisprudence

Case Brief

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Parties

M.B. Joshi and others

Appellant

Satish Kumar Pandey and others

Respondent

Procedural Posture

Civil Appeal / Appeal From Madhya Pradesh Administrative Tribunal

Legal Issues

  1. 1 Determination of seniority for promotion among diploma-holder Sub-Engineers who acquire degree during service
  2. 2 Counting of 8 years' eligibility period for promotion—from date of acquiring degree or from length of service

Ratio Decidendi

In the absence of a specific rule, seniority for promotion among Graduate Sub-Engineers must be reckoned from the date of continuous officiation as Sub-Engineer, not from the date of acquiring the degree. The incentive of reducing the qualifying period from 12 to 8 years for those who acquire a degree during service does not affect the basis of seniority, which remains the length of service in the cadre.

Court Disposition

Appeals allowed

Orders

  • Orders of the Tribunal dated 15.10.1991, 28.11.1991, and 17.9.1991 set aside
  • Government orders upheld as valid