VIMAL KUMARI versus STATE OF HARYANA AND ORS.

VIMAL KUMARI versus STATE OF HARYANA AND ORS.

Draft Rules cannot be relied upon for regulating Promotion unless there is clear intention to enforce them; seniority is a legally valid basis in absence thereof. Consequently, the reversion order based on Draft Rules is invalid.

Parties
Appellant: Vimal Kumar; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
04 February 1998
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court
Outcome
Appeal allowed
Legal Topics
Promotion, Seniority, Draft Service Rules, Executive Instructions, Constitution of India Article 309
Service Law Constitutional Law Promotion Seniority Draft Service Rules Executive Instructions Constitution of India Article 309

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Parties

Vimal Kumar

Appellant

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court

Legal Issues

  1. 1 Whether promotion can be regulated by draft rules not notified for more than a decade
  2. 2 Validity of reversion order based on draft rules
  3. 3 Appropriate criterion for promotion in absence of notified rules

Ratio Decidendi

Draft Rules cannot be relied upon for regulating Promotion unless there is clear intention to enforce them; seniority is a legally valid basis in absence thereof. Consequently, the reversion order based on Draft Rules is invalid.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court dated 25.4.1994 set aside
  • Appellant's reversion order quashed