STATE OF BIHAR versus MADAN MOHAN PRASAD & ORS.

STATE OF BIHAR versus MADAN MOHAN PRASAD & ORS.

Seniority of promoted officers vis-a-vis direct recruits must be determined based solely on actual and continuous officiation. Notional officiation based on administrative delays or the mere existence of vacancies cannot be considered under Rule 16(e). The determination of seniority in the Bihar Superior Judicial Service is a matter within the High Court's control as per Article 235 of the Constitution.

Parties
Appellant: State of Bihar; Respondent: Madan Mohan Prasad; Respondent: Rameshwar Prasad Singh; Respondent: Chandra Shekhar Prasad Singh; Respondent: Jitendra Narain; Respondent: Chandrika Prasad Sinha; Respondent: Enayetur Rahman
Jurisdiction
India
Judgment Date
19 December 1975
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Seniority Determination, Judicial Service Rules, Promotions, Interpretation of Rules
Administrative Law Service Law Constitutional Law Seniority Determination Judicial Service Rules Promotions Interpretation of Rules

Case Brief

Summary, issues, holding and outcome

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Parties

State of Bihar

Appellant

Madan Mohan Prasad

Respondent

Rameshwar Prasad Singh

Respondent

Chandra Shekhar Prasad Singh

Respondent

Jitendra Narain

Respondent

Chandrika Prasad Sinha

Respondent

Enayetur Rahman

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether notional officiation under Rule 16(e) of the Bihar Superior Judicial Service Rules, 1951 is permissible for seniority determination
  2. 2 Whether the power to determine seniority of District Judges vests in the High Court under Article 235 of the Constitution

Ratio Decidendi

Seniority of promoted officers vis-a-vis direct recruits must be determined based solely on actual and continuous officiation. Notional officiation based on administrative delays or the mere existence of vacancies cannot be considered under Rule 16(e). The determination of seniority in the Bihar Superior Judicial Service is a matter within the High Court's control as per Article 235 of the Constitution.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without any order as to costs