RAM SARAN AND ANR. ETC. versus STATE OF PUNJAB AND ORS. ETC.

RAM SARAN AND ANR. ETC. versus STATE OF PUNJAB AND ORS. ETC.

Service in a different cadre with suspended lien does not qualify as ministerial service for promotion under the amended Rule 5; actual service in the ministerial cadre is required for eligibility.

Parties
Appellant: Ram Saran; Appellant: O.P. Singhla; Appellant: State of Punjab; Respondent: G.L. Singhi; Respondent: J.K. Sibal; Respondent: Ms. Kamini Jaiswal
Jurisdiction
India
Judgment Date
22 February 1991
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment Dismissing Letters Patent Appeals Against Single Judge in Writ Petitions Under Articles 226 and 227, Punjab and Haryana High Court
Outcome
Appeals allowed; writ petitions dismissed
Legal Topics
Promotion Eligibility, Suspended Lien, Punjab Excise and Taxation Department Recruitment Rules, Ministerial Cadre Experience, Cadre Abolition
Service and Labour Law Promotion Eligibility Suspended Lien Punjab Excise and Taxation Department Recruitment Rules Ministerial Cadre Experience Cadre Abolition

Case Brief

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Parties

Ram Saran

Appellant

O.P. Singhla

Appellant

State of Punjab

Appellant

G.L. Singhi

Respondent

J.K. Sibal

Respondent

Ms. Kamini Jaiswal

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment Dismissing Letters Patent Appeals Against Single Judge in Writ Petitions Under Articles 226 and 227, Punjab and Haryana High Court

Legal Issues

  1. 1 Whether service rendered in a different cadre with suspended lien can be treated as experience in the ministerial cadre for promotion to Excise and Taxation Officer under amended Rule 5

Ratio Decidendi

Service in a different cadre with suspended lien does not qualify as ministerial service for promotion under the amended Rule 5; actual service in the ministerial cadre is required for eligibility.

Court Disposition

Appeals allowed; writ petitions dismissed

Orders

  • Writ petitions dismissed
  • Appeals allowed; High Court judgment reversed