SHIV NATH PRASAD versus SARAN PAL JEET SINGH TULSI & ORS.

SHIV NATH PRASAD versus SARAN PAL JEET SINGH TULSI & ORS.

Constitutional and statutory provisions allowing reservation in promotion with consequential seniority became effective only from 17.6.1995; for cases prior, seniority is determined as per the relevant rules and government circulars, and reserved category promotees are not entitled to consequential seniority due to accelerated promotion.

Parties
Appellant: Shiv Nath Prasad; Respondents: Saran Pal Jeet Singh Tulsi & Ors.
Jurisdiction
India
Judgment Date
10 January 2008
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Madhya Pradesh High Court
Outcome
Appeals dismissed
Legal Topics
Reservation in Promotion, Seniority, Constitutional Amendments, Service Rules
Constitutional Law Service Law Reservation in Promotion Seniority Constitutional Amendments Service Rules

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 10 Party arguments 2
Sign in to unlock

Parties

Shiv Nath Prasad

Appellant

Saran Pal Jeet Singh Tulsi & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Madhya Pradesh High Court

Legal Issues

  1. 1 Whether general category candidates are entitled to higher seniority in the promotional cadre of Executive Engineer as they were senior in the feeder cadre irrespective of date of promotion
  2. 2 Whether reserved category candidates should be held senior to general category candidates due to length of seniority in the cadre of Executive Engineer from the date of actual officiation

Ratio Decidendi

Constitutional and statutory provisions allowing reservation in promotion with consequential seniority became effective only from 17.6.1995; for cases prior, seniority is determined as per the relevant rules and government circulars, and reserved category promotees are not entitled to consequential seniority due to accelerated promotion.

Court Disposition

Appeals dismissed

Orders

  • No interference with Division Bench decision of Madhya Pradesh High Court
  • No order as to costs