SWAPAN KUMAR PAL AND ORS. ETC. versus SAMITABHAR CHAKRABORTY AND ORS.

SWAPAN KUMAR PAL AND ORS. ETC. versus SAMITABHAR CHAKRABORTY AND ORS.

Seniority of promotees in cadre of Senior Clerk can be counted only from date of regular promotion after due process of selection as per governing rules; ad hoc service before regular promotion does not count for seniority; subsequent regularisation of ad hoc officiating promotion confers retiral benefits but not seniority.

Parties
Appellants: Swapan Kumar Pal and Ors.; Respondents: Samitabhar Chakraborty and Ors.; Respondent: Railway Administration
Jurisdiction
India
Judgment Date
09 May 2001
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal Decision
Outcome
Appeals allowed; impugned tribunal judgment set aside; seniority list dated 01.6.1989 affirmed.
Legal Topics
Seniority, Ad Hoc Promotion, Railway Establishment Manual
Service Law Seniority Ad Hoc Promotion Railway Establishment Manual

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Swapan Kumar Pal and Ors.

Appellants

Samitabhar Chakraborty and Ors.

Respondents

Railway Administration

Respondent

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Decision

Legal Issues

  1. 1 Whether ad hoc period of service should be counted for seniority in cadre of Senior Clerk
  2. 2 Whether regular promotion dates back to ad hoc promotion
  3. 3 Effect of regularisation of ad hoc officiating promotion on seniority

Ratio Decidendi

Seniority of promotees in cadre of Senior Clerk can be counted only from date of regular promotion after due process of selection as per governing rules; ad hoc service before regular promotion does not count for seniority; subsequent regularisation of ad hoc officiating promotion confers retiral benefits but not seniority.

Court Disposition

Appeals allowed; impugned tribunal judgment set aside; seniority list dated 01.6.1989 affirmed.

Orders

  • Seniority list as on 01.6.1989 and published on 02.11.1989 affirmed
  • OA No. 1360 of 1990 dismissed