SHIV KUMAR SHARMA versus HARYANA STATE ELECTRICITY BOARD, CHANDIGARH & ORS.

SHIV KUMAR SHARMA versus HARYANA STATE ELECTRICITY BOARD, CHANDIGARH & ORS.

The Board acted illegally and arbitrarily by confirming the appellant later than his juniors and placing him below them in seniority based on a penalty which had no effect on seniority; seniority should be based on the date of appointment, not on minor penalties or arbitrary confirmation dates.

Parties
Appellant: Shiv Kumar Sharma; Respondents: Haryana State Electricity Board, Chandigarh & Ors.
Jurisdiction
India
Judgment Date
27 July 1988
Procedural Posture
Civil Appeal No. 301 of 1984 / Appeal by Special Leave Against High Court Letters Patent Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Seniority, Confirmation, Arbitrariness in Executive Action, Minor Penalty Impact
Civil Service Seniority Confirmation Arbitrariness in Executive Action Minor Penalty Impact

Case Brief

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Parties

Shiv Kumar Sharma

Appellant

Haryana State Electricity Board, Chandigarh & Ors.

Respondents

Procedural Posture

Civil Appeal No. 301 of 1984 / Appeal by Special Leave Against High Court Letters Patent Appeal Judgment

Legal Issues

  1. 1 Whether the appellant was rightly placed below his juniors in the seniority list due to a minor penalty and confirmation date
  2. 2 Whether the Board acted arbitrarily in confirming the appellant later and affecting his seniority

Ratio Decidendi

The Board acted illegally and arbitrarily by confirming the appellant later than his juniors and placing him below them in seniority based on a penalty which had no effect on seniority; seniority should be based on the date of appointment, not on minor penalties or arbitrary confirmation dates.

Court Disposition

Appeal allowed

Orders

  • Judgment of learned Single Judge and Division Bench of High Court set aside
  • Impugned seniority list set aside