UNION OF INDIA versus B.S. AGARWAL AND ANR. ETC.

UNION OF INDIA versus B.S. AGARWAL AND ANR. ETC.

Para 7.3 of the scheme for appointments to General Manager and equivalent is referable to the date of accrual of vacancy, not the date of actual appointment, in order to ensure fairness and transparency. Determining tenure from accrual of vacancy avoids uncertainty and potential manipulation. No relaxation of para...

Source-derived case information.

Parties
Appellant: Union of India; Respondent: B.S. Agarwal; Respondent: M.P. Kamal Raj; Respondent: S.A.A. Zaidi
Jurisdiction
India
Judgment Date
29 September 1997
Procedural Posture
Civil Appeal / Final Disposition
Outcome
appeals allowed
Legal Topics
Appointment to Post, Interpretation of Scheme, Hostile Discrimination, Seniority, Article 14, Article 16
Service Law Appointment to Post Interpretation of Scheme Hostile Discrimination Seniority Article 14 Article 16

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Parties

Union of India

Appellant

B.S. Agarwal

Respondent

M.P. Kamal Raj

Respondent

S.A.A. Zaidi

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Interpretation of para 7.3 of scheme for appointment to post of General Manager and equivalent in Indian Railways
  2. 2 Whether tenure of two years in para 7.3 is to be reckoned from date of accrual of vacancy or date of actual appointment
  3. 3 Whether junior officers were appointed by ignoring seniority and relaxing requirements

Ratio Decidendi

Para 7.3 of the scheme for appointments to General Manager and equivalent is referable to the date of accrual of vacancy, not the date of actual appointment, in order to ensure fairness and transparency. Determining tenure from accrual of vacancy avoids uncertainty and potential manipulation. No relaxation of para 7.3 or hostile discrimination occurred in the present cases.

Court Disposition

appeals allowed

Orders

  • Impugned decisions of the Central Administrative Tribunal set aside; applications of the respondents before CAT dismissed
  • If any officer included in panels for 1994-95, 1995-96 was improperly bypassed contrary to the interpretation of para 7.3 as indicated by this Court, Union of India is directed to review such case and give the eligible officer notional promotion with all consequential benefits till date of superannuation and...