N.S.K. NAYAR AND ORS. versus UNION OF INDIA AND ORS.

N.S.K. NAYAR AND ORS. versus UNION OF INDIA AND ORS.

Officers promoted under Rule 27(b) who have worked in Senior Time Scale for a continuous period of five years and are continuously holding the posts shall be deemed regular members of Group A Service in Senior Time Scale, entitled to count seniority from completion of five years and to be considered for further promotion.

Parties
Petitioner: N.S.K. Nayar and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
12 December 1991
Procedural Posture
Writ Petition (civil) / Original Jurisdiction Article 32
Outcome
Writ Petition allowed
Legal Topics
Regularisation of Temporary Appointments, Promotion Policy, Seniority, Violation of Article 16, Telegraph Engineering Service Rules
Service Law Constitutional Law Regularisation of Temporary Appointments Promotion Policy Seniority Violation of Article 16 Telegraph Engineering Service Rules

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Parties

N.S.K. Nayar and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Original Jurisdiction Article 32

Legal Issues

  1. 1 Whether officers promoted under Rule 27(b) and continuously holding Senior Time Scale posts for 10-15 years are entitled to regularisation and consequential benefits in the cadre
  2. 2 Whether denial of regularisation and benefits violates Article 16 of the Constitution

Ratio Decidendi

Officers promoted under Rule 27(b) who have worked in Senior Time Scale for a continuous period of five years and are continuously holding the posts shall be deemed regular members of Group A Service in Senior Time Scale, entitled to count seniority from completion of five years and to be considered for further promotion.

Court Disposition

Writ Petition allowed

Orders

  • Promotee-officers holding Senior Time Scale posts for five years deemed regular members of Group A Service in STS
  • Seniority to be counted from completion of five years in STS