RADHA MOHAN MALAKAR & ORS. versus USHA RANJAN BHATTACHARJEE & ORS.

RADHA MOHAN MALAKAR & ORS. versus USHA RANJAN BHATTACHARJEE & ORS.

Since the quota of direct recruits has not been exceeded, their seniority is to be determined from the date of initial appointment and cannot be pushed down; Office Memorandum dated 9.6.2000 and Government’s order dated 25.5.2000 are valid and conform to Rule 28(iii) of the Tripura Civil Service Rules, 1967.

Parties
Appellant: Radha Mohan Malakar & Ors.; Respondent: Usha Ranjan Bhattacharjee & Ors.
Jurisdiction
India
Judgment Date
07 July 2009
Procedural Posture
Civil Appeal / Appeal (from Division Bench Decision of Gauhati High Court)
Outcome
Appeal allowed
Legal Topics
Seniority, Inter Se Seniority, Direct Recruits Vs. Promotees, Tripura Civil Service Rules
Service Law Seniority Inter Se Seniority Direct Recruits Vs. Promotees Tripura Civil Service Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Radha Mohan Malakar & Ors.

Appellant

Usha Ranjan Bhattacharjee & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal (from Division Bench Decision of Gauhati High Court)

Legal Issues

  1. 1 Whether direct recruits of 1990 are entitled to seniority over promotees of 1991 in the Tripura Civil Services Grade-II
  2. 2 Whether the Office Memorandum dated 9.6.2000 and Government Order dated 25.5.2000 comply with Rule 28(iii) of the Tripura Civil Service Rules, 1967

Ratio Decidendi

Since the quota of direct recruits has not been exceeded, their seniority is to be determined from the date of initial appointment and cannot be pushed down; Office Memorandum dated 9.6.2000 and Government’s order dated 25.5.2000 are valid and conform to Rule 28(iii) of the Tripura Civil Service Rules, 1967.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of Division Bench of Gauhati High Court is set aside.
  • Judgment of Single Judge, Gauhati High Court is upheld.