DIRECT RECRUIT CLASS II ENGINEERING OFFICERS' ASSOCIATION AND ORS. versus STATE OF MAHARASHTRA AND ORS.

DIRECT RECRUIT CLASS II ENGINEERING OFFICERS' ASSOCIATION AND ORS. versus STATE OF MAHARASHTRA AND ORS.

Seniority for government servants appointed by following substantive rules is to be counted from date of appointment, not date of confirmation; quota rules must be followed unless broken down; discrimination arises if unequal cases are treated equally; the challenged seniority rules are not violative of Articles 14...

Source-derived case information.

Parties
Petitioner: Direct Recruit Class II Engineering Officers' Association and Ors.; Respondent: State of Maharashtra and Ors.; Respondent: State of Gujarat; Respondent: Union of India
Jurisdiction
India
Judgment Date
02 May 1990
Procedural Posture
Group of Civil Appeals, Writ Petitions, and Special Leave Petitions / Final Judgment
Outcome
appeals, writ petitions, and special leave petitions dismissed
Legal Topics
Seniority Rules, Promotion, Quota Rule, Executive Instructions, Res Judicata
Constitutional Law Service Law Administrative Law Seniority Rules Promotion Quota Rule Executive Instructions Res Judicata

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Summary, issues, holding and outcome

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Parties

Direct Recruit Class II Engineering Officers' Association and Ors.

Petitioner

State of Maharashtra and Ors.

Respondent

State of Gujarat

Respondent

Union of India

Respondent

Procedural Posture

Group of Civil Appeals, Writ Petitions, and Special Leave Petitions / Final Judgment

Legal Issues

  1. 1 Whether seniority is to be counted from date of appointment or confirmation
  2. 2 Whether rules regarding seniority/preparation and revision of seniority lists (1978, 1982, 1983, 1984) are violative of Articles 14 and 16
  3. 3 Applicability of quota rule and effect of executive instructions

Ratio Decidendi

Seniority for government servants appointed by following substantive rules is to be counted from date of appointment, not date of confirmation; quota rules must be followed unless broken down; discrimination arises if unequal cases are treated equally; the challenged seniority rules are not violative of Articles 14 and 16; constructive res judicata applies and bars repeated litigation on same settled issues.

Court Disposition

appeals, writ petitions, and special leave petitions dismissed

Orders

  • No order as to costs