K. MADHAVAN AND ANR. ETC. versus UNION OF INDIA AND ORS. ETC.

K. MADHAVAN AND ANR. ETC. versus UNION OF INDIA AND ORS. ETC.

The deemed or notional date of appointment for O.P. Sharma was unjustified; seniority cannot be granted based on notional retrospective appointment unless the postponement of promotion was arbitrary or mala fide, which was not established. For deputationists like Dwarka Nath, length of service in the equivalent post before absorption in CBI must be counted for seniority; circulars limiting seniority to date of absorption were found unworkable and not sustained.

Parties
Petitioner: K. Madhavan; Petitioner: Santunu Sen; Petitioner: Dwarka Nath; Respondent: Union of India; Respondent: O.P. Sharma; Respondent: P.C. Srivastava; Respondent: Respondents 6 and 7 (unnamed)
Jurisdiction
India
Judgment Date
09 October 1987
Procedural Posture
Writ Petition (article 32) / Decision on Merits
Outcome
Petitions allowed
Legal Topics
Seniority, Appointment and Promotion, Deputation and Absorption, Retrospective Appointment
Service Law Seniority Appointment and Promotion Deputation and Absorption Retrospective Appointment

Case Brief

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Parties

K. Madhavan

Petitioner

Santunu Sen

Petitioner

Dwarka Nath

Petitioner

Union of India

Respondent

O.P. Sharma

Respondent

P.C. Srivastava

Respondent

Respondents 6 and 7 (unnamed)

Respondent

Procedural Posture

Writ Petition (article 32) / Decision on Merits

Legal Issues

  1. 1 Whether notional/deemed date of appointment can affect seniority
  2. 2 Whether length of service prior to transfer or deputation must be considered for seniority

Ratio Decidendi

The deemed or notional date of appointment for O.P. Sharma was unjustified; seniority cannot be granted based on notional retrospective appointment unless the postponement of promotion was arbitrary or mala fide, which was not established. For deputationists like Dwarka Nath, length of service in the equivalent post before absorption in CBI must be counted for seniority; circulars limiting seniority to date of absorption were found unworkable and not sustained.

Court Disposition

Petitions allowed

Orders

  • Impugned order appointing O.P. Sharma with retrospective effect and seniority list dated 17-10-1981 showing him senior to petitioners quashed.
  • Writ of certiorari issued to quash seniority list; writ of mandamus issued directing respondents to publish fresh seniority list showing petitioners as senior to O.P. Sharma.