A.N. SEHGAL AND ORS. versus RAJE RAM SHEORAN AND OR.S

A.N. SEHGAL AND ORS. versus RAJE RAM SHEORAN AND OR.S

Seniority of direct recruits is fixed from the year of allotment of initial appointment as Assistant Executive Engineer and is not alterable. Promotees become members of service only when substantive appointment to cadre posts is made within quota and their seniority is counted from the date of availability of such posts within quota, not from date of promotion or continuous officiation. The differentiation in treatment between promotees and direct recruits as per Rule 2(12)(a) is rational and does not violate Articles 14 and 16 of the Constitution.

Parties
Appellants: A.N. Sehgal and others; Respondents: Raje Ram Sheoran and others
Jurisdiction
India
Judgment Date
05 April 1991
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal disposed of
Legal Topics
Seniority Determination, Promotion Procedure, Service Rules Interpretation, Equality and Discrimination Under Articles 14 & 16
Civil Service Law Constitutional Law Administrative Law Seniority Determination Promotion Procedure Service Rules Interpretation Equality and Discrimination Under Articles 14 & 16

Case Brief

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Parties

A.N. Sehgal and others

Appellants

Raje Ram Sheoran and others

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Inter se fixation of seniority between direct recruits and promotees in Haryana Public Service of Engineers, Class I, PWD
  2. 2 Year of allotment and alterability under service rules
  3. 3 Whether Rule 2(12)(a) of Haryana Public Service of Engineers Class I PWD (Roads and Buildings Branch) Rules, 1966 is discriminatory

Ratio Decidendi

Seniority of direct recruits is fixed from the year of allotment of initial appointment as Assistant Executive Engineer and is not alterable. Promotees become members of service only when substantive appointment to cadre posts is made within quota and their seniority is counted from the date of availability of such posts within quota, not from date of promotion or continuous officiation. The differentiation in treatment between promotees and direct recruits as per Rule 2(12)(a) is rational and does not violate Articles 14 and 16 of the Constitution.

Court Disposition

Appeal disposed of

Orders

  • Government of Haryana directed to determine cadre posts and allot posts in each year of allotment as per Rules 12 and 5(2)(a).
  • Orders must appoint substantively to respective posts within the quota and determine inter se seniority between promotees and direct recruits within four months from receipt of judgment.