S. RAMASWAMY versus UNION OF INDIA & ORS.

S. RAMASWAMY versus UNION OF INDIA & ORS.

The Officer on Special Duty is in a separate grade from Development Officers under the 1974 Rules, and the field of eligibility for promotion must include the appellant without integrating him with Development Officers for seniority. The Departmental Promotion Committee's practice of preparing an integrated list was unlawful in this context.

Parties
Appellant: S. Ramaswamy; Respondent: Union of India; Respondents: Respondents 6-7
Jurisdiction
India
Judgment Date
17 August 1976
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Dismissal of Writ Petition by Delhi High Court
Outcome
Appeal allowed
Legal Topics
Promotion Rules, Recruitment, Seniority and Eligibility Determination
Service Law Administrative Law Promotion Rules Recruitment Seniority and Eligibility Determination

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 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

S. Ramaswamy

Appellant

Union of India

Respondent

Respondents 6-7

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Dismissal of Writ Petition by Delhi High Court

Legal Issues

  1. 1 Whether the Officer on Special Duty is in the same grade as Development Officers under the Directorate General of Technical Development (Class I Posts) Recruitment (Amendment) Rules, 1974.
  2. 2 Whether the exclusion of the appellant from the field of choice for promotion to Industrial Adviser was lawful.

Ratio Decidendi

The Officer on Special Duty is in a separate grade from Development Officers under the 1974 Rules, and the field of eligibility for promotion must include the appellant without integrating him with Development Officers for seniority. The Departmental Promotion Committee's practice of preparing an integrated list was unlawful in this context.

Court Disposition

Appeal allowed

Orders

  • The judgment and order of the Delhi High Court are set aside.
  • Appellant's name directed to be included in the list of eligible officers to be considered for promotion to the post of Industrial Adviser (Chemicals).