1. Dispute over seniority in the Civil Judge category between a non-reserved candidate and reserved category candidates promoted earlier. (Para 1 )
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1996 Supreme(SC) 247
SUPREME COURT OF INDIA
B.P.Jeevan Reddy : S.C.Sen
Kailash Chand Joshi
Versus
Rajasthan High Court
Case No. : .
Date of Decision : 2/1/96
Seniority in a promoted cadre is determined by the date of substantive appointment. Seniority from a lower cadre is only relevant for determining rank when multiple individuals are promoted via an order of the same date.
Headnote:(A) Service Rules - Seniority - Determination of seniority in promoted cadre - Seniority in the service shall be determined by the date of the order of substantive appointment - Proviso applies only where more than one person is appointed by an order of the same date, in which case seniority follows the list prepared by the Commission - Where promotion dates differ, the date of substantive appointment is the sole determinant of seniority. (Paras 2, 3)
Facts of the case:
The appellant and several respondents were selected for a judicial service. The respondents were promoted to a higher cadre earlier than the appellant due to vacancy positions. The appellant subsequently claimed seniority in the higher cadre based on his seniority in the lower cadre.
Findings of Court:
The court held that since the appellant was promoted on a later date than the respondents, the proviso regarding same-date appointments did not apply. Therefore, the respondents were rightly treated as seniors based on the date of their substantive appointment.
Issues: Whether the appellant is entitled to claim seniority over respondents in a promoted category based on seniority in the lower category when the dates of promotion to the higher category are different.
Ratio Decidendi: The date of substantive appointment determines seniority. The seniority of the lower category is only considered when multiple persons are promoted under an order of the same date; otherwise, the main limb of the rule governing the date of appointment prevails.
Result: Appeal dismissed.
Legal Category Hierarchy
Table of Contents
2. Appellant claims seniority in the promoted category based on seniority in the lower cadre despite being promoted on a later date. (Para 1 )
3. The proviso to Rule 22 regarding lower-category seniority applies only when multiple persons are promoted by an order of the same date. (Para 3 )
4. Seniority in service is determined by the date of substantive appointment unless multiple persons are promoted by an order of the same date. (Para 2 , 3 )
5. Appeal dismissed; respondents rightly treated as seniors. (Para 3 )
6. How is seniority determined under Rule 22 of the Rajasthan Judicial Service Rules?
Seniority in the service is determined by the date of the order of substantive appointment to the service. (Para 2 , 3 )
7. When does the seniority of candidates in a lower category determine their seniority in a promoted category?
This occurs only when more than one person is promoted to the service by an order of the same date, in which case seniority follows the order in the list prepared by the Commission. (Para 2 , 3 )
8. Does a person promoted on a later date maintain seniority over those promoted earlier based on their rank in a lower cadre?
No; if the promotion orders are on different dates, the date of substantive appointment governs, and the proviso regarding lower-category seniority does not come into operation. (Para 3 )
B.P.JEEVAN REDDY, J.
(1) THE only question in this appeal preferred against the judgment of the Rajasthan High Court is whether the appellant is entitled to claim seniority over Respondents 3 to 11. The appellant and the said respondents were selected as Munsiffs in the Rajasthan Judicial Service. While the appellant belongs to an open competition quota (non-reserved category) Respondents 3 to 11 belong to reserved categories. In view of the vacancy position in the higher cadre namely that of Civil Judge, the respondents were promoted earlier and the appellant promoted later to that category. After getting his promotion to the category of Civil Judge, the appellant laid a claim that he should be treated as senior in the Civil Judge category over Respondents 3 to 11 for the reason that he was senior to them in the category of Munsiffs. This was rejected by the High Court, whereupon he filed the writ petition. It appears that there was a difference of opinion among two learned Judges of the High Court on the question, whereupon it was referred to a third learned Judge. In the light of the opinion rendered by the third Judge the writ petition has been dismissed.
(2) THE Rule relating to seniority is Rule 22 of the Rajasthan Judicial Service Rules . It reads as follows:
"22. Seniority.Subject to the other provisions of these Rules seniority in the Service shall be determined by the date of the order of substantive appointment to the service: Provided that the seniority of candidates appointed to the Service shall, in the case of appointment of more persons than one to the Service by an order of the same date, follow the order in which they have been placed in the list prepared by the Commission under Rule 19 ."
(3) ACCORDING to this Rule the date of substantive appointment determines seniority. The proviso, however, says that where more than one person is promoted by an order of the same date, their seniority in the promoted category shall be the same as their seniority in the lower category to which they were appointed through the Public Service Commission. It is not the case of the appellant that he and Respondents 3 to 11 were promoted to the category of Civil Judge under an order of the same date. Admittedly, the appellant was promoted on a later date to that of Respondents 3 to 11. In such a case, the proviso does not come into operation and according to the main limb of the Rule Respondents 3 to 11 are entitled to be and were rightly treated as seniors. The appeal is dismissed accordingly. No costs.
