P. SUSEELA DEVI versus KERALA PUBLIC SERVICE COMMISSION AND ORS.

P. SUSEELA DEVI versus KERALA PUBLIC SERVICE COMMISSION AND ORS.

For promotion to Assistant Grade-I from Assistant Grade-II, inter se seniority of the latter must be preserved; seniority is determined by the date of advice received from Public Service Commission, and not influenced by completion of probation or actual joining date, since those are fortuitous circumstances.

Parties
Appellant: P. Suseela Devi; Respondent: Kerala Public Service Commission; Respondents: Respondents 2 to 9
Jurisdiction
India
Judgment Date
12 February 1998
Procedural Posture
Civil Appeal / Appeal From Kerala High Court Judgment and Order Dated 15.3.84 in W.a. No. 39 of 1984
Outcome
Appeal allowed
Legal Topics
Seniority, Promotion, Probation, General Secretariat Service, Assistant Grade II, Assistant Grade I
Service Law Seniority Promotion Probation General Secretariat Service Assistant Grade II Assistant Grade I

Case Brief

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Parties

P. Suseela Devi

Appellant

Kerala Public Service Commission

Respondent

Respondents 2 to 9

Respondents

Procedural Posture

Civil Appeal / Appeal From Kerala High Court Judgment and Order Dated 15.3.84 in W.a. No. 39 of 1984

Legal Issues

  1. 1 Criteria for promotion from Assistant Grade-II to Assistant Grade-I
  2. 2 Preservation of inter se seniority
  3. 3 Effect of completion of probation on eligibility and seniority

Ratio Decidendi

For promotion to Assistant Grade-I from Assistant Grade-II, inter se seniority of the latter must be preserved; seniority is determined by the date of advice received from Public Service Commission, and not influenced by completion of probation or actual joining date, since those are fortuitous circumstances.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of Kerala High Court set aside.
  • Writ petition filed by appellant in High Court allowed.