R.L. BANSAL AND ORS versus UNION OF INDIA AND ORS.

R.L. BANSAL AND ORS versus UNION OF INDIA AND ORS.

Rule 4 of the 1979 Rules (as amended by 1982) predicates seniority for Assistant Engineers appointed on or after 22 December 1959 on confirmation date, which is discriminatory and violates Articles 14 and 16(1) of the Constitution; such rule is inoperative and void. The seniority of Assistant Engineers appointed after 22 December 1959 must be determined on the same basis as those appointed earlier.

Parties
Petitioner: R.L. Bansal; Respondent: Union of India; Intervenor: Ashok Grover
Jurisdiction
India
Judgment Date
08 May 1992
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petition allowed
Legal Topics
Seniority and Confirmation Rules, Hostile Discrimination, Equality Under Articles 14 and 16, Validity of Rules Under Article 309
Service Law Constitutional Law Seniority and Confirmation Rules Hostile Discrimination Equality Under Articles 14 and 16 Validity of Rules Under Article 309

Case Brief

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Parties

R.L. Bansal

Petitioner

Union of India

Respondent

Ashok Grover

Intervenor

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether Rule 4 of the Central Public Works Department Assistant Engineers (Central Engineering Service and Central Electrical Engineering Service) Group 'B' (Confirmation and Seniority) Rules, 1979 as amended by 1982 Rules, predicates seniority of Assistant Engineers appointed after 22.12.1959 on confirmation date and whether this is violative of Articles 14 and 16(1)
  2. 2 Whether such Rules can be struck down by the Supreme Court given their legislative character under Article 309
  3. 3 Whether the amendments and seniority lists constitute hostile discrimination against promotees

Ratio Decidendi

Rule 4 of the 1979 Rules (as amended by 1982) predicates seniority for Assistant Engineers appointed on or after 22 December 1959 on confirmation date, which is discriminatory and violates Articles 14 and 16(1) of the Constitution; such rule is inoperative and void. The seniority of Assistant Engineers appointed after 22 December 1959 must be determined on the same basis as those appointed earlier.

Court Disposition

Petition allowed

Orders

  • Rule 4 of the Central Public Works Department Assistant Engineers (Central Engineering Service and Central Electrical Engineering Service) Group 'B' (Confirmation and Seniority) Rules, 1979 (as amended in 1982), in so far as it predicates seniority on confirmation date for Assistant Engineers appointed after...
  • Seniority of Assistant Engineers appointed on or after 22 December 1959 shall be determined on the same basis and in the same manner as for those appointed prior to that date.