H.V. PARDASANI, ETC. versus UNION OF INDIA & ORS.

H.V. PARDASANI, ETC. versus UNION OF INDIA & ORS.

The Central Secretariat Service Scheme, including rules for fixation of seniority between direct recruits and promotees by quota and rota, is not arbitrary and not ultra vires Articles 14 or 16. Fixation of inter se seniority in accordance with quota rule is valid and not open to challenge in absence of challenge to quota rule itself; length of service becomes irrelevant where quota rule applies.

Parties
Petitioner: H.V. Pardasani, etc.; Respondent: Union of India & Ors.; Intervener: Intervener
Jurisdiction
India
Judgment Date
12 March 1985
Procedural Posture
Writ Petition / Final Disposition
Outcome
Petition dismissed
Legal Topics
Seniority, Service Rules, Ultra Vires Challenge, Quota and Rota, Promotion
Administrative Law Constitutional Law Employment Law Seniority Service Rules Ultra Vires Challenge Quota and Rota Promotion

Case Brief

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Parties

H.V. Pardasani, etc.

Petitioner

Union of India & Ors.

Respondent

Intervener

Intervener

Procedural Posture

Writ Petition / Final Disposition

Legal Issues

  1. 1 Whether the Central Secretariat Service Scheme for fixation of seniority between promotees and direct recruits is ultra vires Articles 14 and 16 of the Constitution
  2. 2 How seniority between promotees and direct recruits in Section Officers grade should be determined
  3. 3 Validity of the note under Rule 12, Rule 13(5), and Regulation 3(3) of the Fourth Schedule

Ratio Decidendi

The Central Secretariat Service Scheme, including rules for fixation of seniority between direct recruits and promotees by quota and rota, is not arbitrary and not ultra vires Articles 14 or 16. Fixation of inter se seniority in accordance with quota rule is valid and not open to challenge in absence of challenge to quota rule itself; length of service becomes irrelevant where quota rule applies.

Court Disposition

Petition dismissed

Orders

  • Petitions dismissed.
  • Parties directed to bear their own costs.