B.S. MATHUR & ANR. versus UNION OF INDIA & ORS.

B.S. MATHUR & ANR. versus UNION OF INDIA & ORS.

The Supreme Court held that for officers of the Delhi Higher Judicial Service appointed up to the year 2006, inter se seniority between direct recruits and promotees must be determined by the principle of 'continuous length of service.' The O.M. dated 3.7.1986 is not applicable except for officers appointed from different sources on the same date, in which case the O.M. may be invoked. For appointments after 2006, seniority is to be determined by a 40 point roster, subject to amendment of rules as per Court direction.

Parties
Petitioner: S.S. Mathur & Anr.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
15 October 2008
Procedural Posture
Writ Petition (civil) / Final Judgment on Merits
Outcome
Writ Petitions Allowed
Legal Topics
Inter Se Seniority, Delhi Higher Judicial Service, Seniority Between Direct Recruits and Promotees
Service Law Inter Se Seniority Delhi Higher Judicial Service Seniority Between Direct Recruits and Promotees

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

S.S. Mathur & Anr.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment on Merits

Legal Issues

  1. 1 What is the appropriate principle for determining inter se seniority between direct recruits and promotees in the Delhi Higher Judicial Service?
  2. 2 Whether the principles in O.M. dated 3.7.1986 or the statutory Rules or continuous length of service should govern seniority.

Ratio Decidendi

The Supreme Court held that for officers of the Delhi Higher Judicial Service appointed up to the year 2006, inter se seniority between direct recruits and promotees must be determined by the principle of 'continuous length of service.' The O.M. dated 3.7.1986 is not applicable except for officers appointed from different sources on the same date, in which case the O.M. may be invoked. For appointments after 2006, seniority is to be determined by a 40 point roster, subject to amendment of rules as per Court direction.

Court Disposition

Writ Petitions Allowed

Orders

  • Inter se seniority list of DHJS as suggested by the majority view of the Committee and consequential High Court order are set aside.
  • High Court is requested to finalise fresh inter se seniority list of DHJS in accordance with the judgment, as expeditiously as possible.