S. K. GHOSH AND ANR. versus UNION OF INDIA & ORS.

S. K. GHOSH AND ANR. versus UNION OF INDIA & ORS.

Revision of seniority in the grade of Directors by the order dated 17th January 1966 was not based on any rule or applicable principle, was arbitrary, and violated Article 16; such revision must be struck down.

Source-derived case information.

Parties
Petitioner: S. K. Ghosh; Petitioner: A. M. Narula; Respondent: Union of India; Respondent: Director-General of Posts and Telegraphs; Respondent: K. Ramamurti; Respondent: N. C. Talukdar; Respondent: Shiv Nath; Respondent: S. L. Rajan; Respondent: B. N. Dubey
Jurisdiction
India
Judgment Date
02 April 1968
Procedural Posture
Writ Petition / Final Judgment
Outcome
petition allowed
Legal Topics
Seniority, Promotion, Arbitrariness, Article 16, Postal Service Recruitment, Selection on Merit
Constitutional Law Service Law Seniority Promotion Arbitrariness Article 16 Postal Service Recruitment Selection on Merit

Source-derived case record

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Parties

S. K. Ghosh

Petitioner

A. M. Narula

Petitioner

Union of India

Respondent

Director-General of Posts and Telegraphs

Respondent

K. Ramamurti

Respondent

N. C. Talukdar

Respondent

Shiv Nath

Respondent

S. L. Rajan

Respondent

B. N. Dubey

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether revision of seniority in grade of Directors of Postal Services based on time scale seniority violates Article 16 of the Constitution.
  2. 2 Whether government orders altering seniority in the grade of Directors were arbitrary and without basis in rules.

Ratio Decidendi

Revision of seniority in the grade of Directors by the order dated 17th January 1966 was not based on any rule or applicable principle, was arbitrary, and violated Article 16; such revision must be struck down.

Court Disposition

petition allowed

Orders

  • Order dated 17th January 1966 revising seniority in the grade of Directors of Postal Services quashed.
  • Petitioners to receive their costs from respondent No. 1.