SARABJIT SINGH versus EX. MAJOR B.D. GUPTA AND ORS.

SARABJIT SINGH versus EX. MAJOR B.D. GUPTA AND ORS.

For the DPC meeting held on 16.4.1999, the Punjab guidelines dated 28.6.1961 were applicable and not the later Central Government guidelines adopted on 1.10.1999 or the earlier 17.6.1960 guidelines. As per the 28.6.1961 guidelines, for three posts, five officers needed to be considered. The writ petitioner's position being sixth in the seniority list put him outside the required zone of consideration for promotion, and therefore his case was rightly not considered by the DPC.

Parties
Appellant: Sarabjit Singh; Respondent/writ Petitioner: Ex. Major B.D. Gupta
Jurisdiction
India
Judgment Date
09 August 2000
Procedural Posture
Civil Appeal / Appeal Against Punjab and Haryana High Court's Judgment in C.w.p. No. 13240 of 1999
Outcome
Appeal allowed; High Court judgment set aside.
Legal Topics
Departmental Promotion, Government Circulars, Guidelines Applicability, Seniority List, Zone of Consideration
Service Law Departmental Promotion Government Circulars Guidelines Applicability Seniority List Zone of Consideration

Case Brief

Summary, issues, holding and outcome

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Parties

Sarabjit Singh

Appellant

Ex. Major B.D. Gupta

Respondent/writ Petitioner

Procedural Posture

Civil Appeal / Appeal Against Punjab and Haryana High Court's Judgment in C.w.p. No. 13240 of 1999

Legal Issues

  1. 1 Whether the Punjab Government Circular dated 1.10.1999 or earlier guidelines were applicable for the DPC meeting held on 16.4.1999.
  2. 2 Whether the Punjab guidelines dated 17.6.1960 or 28.6.1961 were applicable for the purpose of determining the zone of consideration for promotion.

Ratio Decidendi

For the DPC meeting held on 16.4.1999, the Punjab guidelines dated 28.6.1961 were applicable and not the later Central Government guidelines adopted on 1.10.1999 or the earlier 17.6.1960 guidelines. As per the 28.6.1961 guidelines, for three posts, five officers needed to be considered. The writ petitioner's position being sixth in the seniority list put him outside the required zone of consideration for promotion, and therefore his case was rightly not considered by the DPC.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

  • Judgment of Punjab and Haryana High Court set aside.
  • Recommendation of DPC dated 16.4.1999 and consequent promotions of respondents 2, 3, and 4 in the writ petition (including appellant) upheld.