R.K. MOBISANA SINGH versus KH. TEMBA SINGH & ORS.

R.K. MOBISANA SINGH versus KH. TEMBA SINGH & ORS.

Retrospective regularization of ad hoc promotions does not entitle promotees to seniority with retrospective effect in the absence of any rule; the State must determine inter se seniority of direct recruits and promotees as per principles laid down by Supreme Court, and apply these to the facts of each case.

Parties
Appellant: R.K. Mobisana Singh; Respondent: Kh. Temba Singh; Respondent: State of Manipur
Jurisdiction
India
Judgment Date
12 December 2007
Procedural Posture
Civil Appeal / Appeal From Gauhati High Court, Imphal Bench Judgment Dated 24.08.2004
Outcome
Appeals disposed of
Legal Topics
Seniority, Regularization, Inter Se Seniority, Ad Hoc Promotions, Retrospective Effect, Direct Recruits Vs Promotees
Service Law Seniority Regularization Inter Se Seniority Ad Hoc Promotions Retrospective Effect Direct Recruits Vs Promotees

Case Brief

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Parties

R.K. Mobisana Singh

Appellant

Kh. Temba Singh

Respondent

State of Manipur

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauhati High Court, Imphal Bench Judgment Dated 24.08.2004

Legal Issues

  1. 1 Whether ad hoc promotions granted from Section Officer (Grade-I) to Assistant Engineer in the Public Works Department against promotee quota vacancies could be regularized with retrospective effect for determination of inter se seniority between direct recruits and promotees

Ratio Decidendi

Retrospective regularization of ad hoc promotions does not entitle promotees to seniority with retrospective effect in the absence of any rule; the State must determine inter se seniority of direct recruits and promotees as per principles laid down by Supreme Court, and apply these to the facts of each case.

Court Disposition

Appeals disposed of

Orders

  • State government directed to determine inter se seniority of parties in view of Supreme Court principles within three months
  • No order as to costs