M.P. SINGH BARGOTI versus STATE OF MADHYA PRADESH & ANR.

M.P. SINGH BARGOTI versus STATE OF MADHYA PRADESH & ANR.

The Supreme Court held that the appellant suffered hostile and arbitrary discrimination as his junior was promoted while he was still in service, despite clear judicial directions for a Combined Gradation List. Both the Tribunal and High Court erred in not granting relief. Appellant is entitled to notional promotion from 29.05.1997 to 31.03.1998 and recalculated post-retirement benefits.

Parties
Appellant: M.P. Singh Bargoti; Respondent: State of Madhya Pradesh & Anr.
Jurisdiction
India
Judgment Date
27 November 2014
Procedural Posture
Civil Appeal / Appeal Against High Court's Dismissal of Writ Petition; Decision on Merits
Outcome
Appeal allowed
Legal Topics
Promotion, Seniority, Combined Gradation List, Notional Promotion, Post Retirement Benefits
Service Law Promotion Seniority Combined Gradation List Notional Promotion Post Retirement Benefits

Case Brief

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Parties

M.P. Singh Bargoti

Appellant

State of Madhya Pradesh & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court's Dismissal of Writ Petition; Decision on Merits

Legal Issues

  1. 1 Whether appellant was wrongly denied promotion to Deputy Superintendent of Police due to non-inclusion in Combined Gradation List.
  2. 2 Whether directions of the Tribunal regarding Combined Gradation List were complied with.
  3. 3 Whether appellant suffered arbitrary discrimination vis-a-vis his junior who was promoted while appellant was still in service.

Ratio Decidendi

The Supreme Court held that the appellant suffered hostile and arbitrary discrimination as his junior was promoted while he was still in service, despite clear judicial directions for a Combined Gradation List. Both the Tribunal and High Court erred in not granting relief. Appellant is entitled to notional promotion from 29.05.1997 to 31.03.1998 and recalculated post-retirement benefits.

Court Disposition

Appeal allowed

Orders

  • Order under appeal set aside.
  • Appellant entitled to notional promotion to Deputy Superintendent of Police from 29.05.1997 to 31.03.1998.