SHESHRAO JANGLUJI BAGDE versus BHAIYYA S/O GOVINDRAO KARALE AND ORS.

SHESHRAO JANGLUJI BAGDE versus BHAIYYA S/O GOVINDRAO KARALE AND ORS.

The requirement of 10 years' experience after acquiring a post-graduate degree for promotion under Rule 3(1) was omitted by amendment in 1988, which the Court held to be retroactive and applicable to the pending case. The appellant, as senior-most among Senior Geologists and otherwise qualified, was therefore eligible for promotion even if considered under the amended rule.

Parties
Appellant: Sheshrao Jangluji Bagde; Respondents: Bhaiyya s/o Govindrao Karale and Ors.
Jurisdiction
India
Judgment Date
18 September 1990
Procedural Posture
Civil Appeals (ca Nos. 2166/87 & 2146/84) / Supreme Court Final Appellate Stage
Outcome
Civil Appeal No. 2166 of 1987 allowed; Civil Appeal No. 2146 of 1984 dismissed.
Legal Topics
Promotion in Government Service, Statutory Interpretation, Retrospective/retroactive Application of Rules
Administrative Law Service Law Promotion in Government Service Statutory Interpretation Retrospective/retroactive Application of Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Sheshrao Jangluji Bagde

Appellant

Bhaiyya s/o Govindrao Karale and Ors.

Respondents

Procedural Posture

Civil Appeals (ca Nos. 2166/87 & 2146/84) / Supreme Court Final Appellate Stage

Legal Issues

  1. 1 Whether the requirement of 10 years experience after acquiring a post-graduate degree in Geology was mandatory for promotion to Deputy Director under the unamended Maharashtra Ground Water Service, Class I (Recruitment) Rules, 1976.
  2. 2 Whether the amendment to Rule 3(1)(a) removing the experience requirement for promotion applies retroactively to the present case.

Ratio Decidendi

The requirement of 10 years' experience after acquiring a post-graduate degree for promotion under Rule 3(1) was omitted by amendment in 1988, which the Court held to be retroactive and applicable to the pending case. The appellant, as senior-most among Senior Geologists and otherwise qualified, was therefore eligible for promotion even if considered under the amended rule.

Court Disposition

Civil Appeal No. 2166 of 1987 allowed; Civil Appeal No. 2146 of 1984 dismissed.

Orders

  • Judgment of the Division Bench in Writ Petition No. 2161 of 1986 set aside.
  • Civil Appeal No. 2146 of 1984 dismissed.