KARAM PAL & ORS. ETC. versus UNION OF LNDIA & ORS.

KARAM PAL & ORS. ETC. versus UNION OF LNDIA & ORS.

Where Rules and Regulations governing seniority and promotion are not challenged for their vires, select lists prepared in accordance with such Rules cannot be struck down merely for not following the length of service criterion; substantial compliance with the Rules justifies denying relief to petitioners.

Parties
Petitioner: KARAM PAL & ORS.; Respondent: UNION OF INDIA & ORS.; Intervener: Interveners
Jurisdiction
India
Judgment Date
12 March 1985
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petitions dismissed
Legal Topics
Seniority and Promotion, Central Secretariat Service Rules, Direct Recruits and Promotees, Quota and Rota Rule
Labour and Services Seniority and Promotion Central Secretariat Service Rules Direct Recruits and Promotees Quota and Rota Rule

Case Brief

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Parties

KARAM PAL & ORS.

Petitioner

UNION OF INDIA & ORS.

Respondent

Interveners

Intervener

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether select lists and seniority lists prepared without following criterion of length of service are arbitrary.
  2. 2 Whether fixation of seniority should be based on length of continuous service instead of quota and rota rules.
  3. 3 Whether in absence of challenge to the Rules and Regulations, select lists can be challenged.

Ratio Decidendi

Where Rules and Regulations governing seniority and promotion are not challenged for their vires, select lists prepared in accordance with such Rules cannot be struck down merely for not following the length of service criterion; substantial compliance with the Rules justifies denying relief to petitioners.

Court Disposition

Petitions dismissed

Orders

  • No order for costs.