UNION OF INDIA AND ORS. versus M. MATHIVANAN

UNION OF INDIA AND ORS. versus M. MATHIVANAN

The benefit under Paragraph 1 of the Time Bound Promotion Scheme is available to employees upon completion of sixteen years of service in the relevant grade, regardless of whether the service is 'regular.' The refusal to grant such benefit for lack of regularization is contrary to the Scheme and law, as supported by Supreme Court precedents.

Parties
Appellant: Union of India and Ors.; Respondent: M. Mathivanan
Jurisdiction
India
Judgment Date
09 June 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Affirming Central Administrative Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Time Bound Promotion Scheme, Army Postal Services, Criteria for Promotion
Service Law Time Bound Promotion Scheme Army Postal Services Criteria for Promotion

Case Brief

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Parties

Union of India and Ors.

Appellant

M. Mathivanan

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Affirming Central Administrative Tribunal Decision

Legal Issues

  1. 1 Whether completion of sixteen years of service (irrespective of 'regular' status) entitles an employee to benefit under Paragraph 1 of the Time Bound Promotion Scheme
  2. 2 Does the Time Bound Promotion Scheme require sixteen years of 'regular' service for placement in next higher grade

Ratio Decidendi

The benefit under Paragraph 1 of the Time Bound Promotion Scheme is available to employees upon completion of sixteen years of service in the relevant grade, regardless of whether the service is 'regular.' The refusal to grant such benefit for lack of regularization is contrary to the Scheme and law, as supported by Supreme Court precedents.

Court Disposition

Appeal dismissed

Orders

  • Respondent is entitled to benefit of Paragraph 1 of Time Bound Promotion Scheme from September 30, 1999.
  • Authorities to extend benefit of Scheme to respondent.