PRAMOD K. PANKAJ versus STATE OF BIHAR AND ORS.

PRAMOD K. PANKAJ versus STATE OF BIHAR AND ORS.

Seniority for promotion of Junior Engineers under the special quota should be counted from date of appointment and continuous service, not from date of acquiring the degree. The Water Resources Department had no competence to issue the gradation/seniority list; only the Personnel Department, as per the government resolution, could do so. The list and promotions made on its basis are illegal for want of jurisdiction.

Parties
Appellant: Pramod K. Pankaj; Respondents: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
20 November 2003
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Patna High Court, Letters Patent Appeals, and Writ Petitions
Outcome
Appeals allowed; impugned judgments and seniority list set aside.
Legal Topics
Seniority Determination, Promotion in Government Service, Judicial Review of Executive Action, Delegation of Powers in Government Departments
Service Law Administrative Law Constitutional Law Seniority Determination Promotion in Government Service Judicial Review of Executive Action Delegation of Powers in Government Departments

Case Brief

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Parties

Pramod K. Pankaj

Appellant

State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Patna High Court, Letters Patent Appeals, and Writ Petitions

Legal Issues

  1. 1 Whether inter se seniority for promotion among Junior Engineers with higher qualification should be determined from date of appointment or date of acquiring degree?
  2. 2 Whether the Water Resources Department had jurisdiction to issue the gradation/seniority list contrary to government resolution?
  3. 3 Whether the government resolution delegated the power to determine inter se seniority to the Personnel Department, and could that be further delegated?

Ratio Decidendi

Seniority for promotion of Junior Engineers under the special quota should be counted from date of appointment and continuous service, not from date of acquiring the degree. The Water Resources Department had no competence to issue the gradation/seniority list; only the Personnel Department, as per the government resolution, could do so. The list and promotions made on its basis are illegal for want of jurisdiction.

Court Disposition

Appeals allowed; impugned judgments and seniority list set aside.

Orders

  • Seniority list dated 22.12.1992 issued by the Water Resources Department is set aside.
  • Order of the High Court dated 18.9.1997 refusing to condone delay is set aside.