1. Seniority dispute — Clerk's entitlement to count seniority from date of appointment as Army driver — Transfer in interest of service. (Para 1 )
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2000 Supreme(SC) 191
SUPREME COURT OF INDIA
A.P.Misra : N.Santosh Hegde : S.P.Bharucha
Union Of India
Versus
H.A.Khan
Case No. : 6243 of 1990
Date of Decision : 1/25/00
Important Points
Seniority is countable from the date of initial appointment if the subsequent transfer to another post was made in the interest of service. Additionally, new evidence or arguments not presented in the lower court cannot be introduced at the appellate stage.
Subject
Service Law - Seniority and Transfer
Headnote
(A) Service Law - Seniority - Transfer in interest of service - Where a transfer is made in the interest of service, the employee is entitled to count seniority in the new post from the date of appointment to the previous post. (Para 1)
(B) Appeal - Scope of evidence - An undertaking or document that was never produced before the lower court cannot be relied upon for the first time in the appellate court. (Para 1)
Facts of the case:
An employee was initially appointed as a driver in the service and was subsequently transferred to the position of a clerk. A dispute arose regarding whether the employee could count his seniority as a clerk from the date of his initial appointment as a driver. The lower court had ruled in favor of the employee, concluding that the transfer was made in the interest of service.
Findings of Court:
The lower court was correct in its conclusion that the transfer was in the interest of service, and consequently, the respondent was entitled to count seniority as a clerk from the date of appointment as a driver.
Issues: Whether the respondent was entitled to count seniority as a clerk from the date of appointment as a driver and whether new evidence not presented in the lower court could be introduced during the appeal.
Ratio Decidendi: The court held that if a transfer is executed in the interest of service, the employee's seniority is maintained from the date of the original appointment. Furthermore, the appellate court will not entertain new arguments or documents that were not part of the record before the lower court.
Result: The civil appeal is dismissed with costs.
(B) Appeal - Scope of evidence - An undertaking or document that was never produced before the lower court cannot be relied upon for the first time in the appellate court. (Para 1)
Facts of the case:
An employee was initially appointed as a driver in the service and was subsequently transferred to the position of a clerk. A dispute arose regarding whether the employee could count his seniority as a clerk from the date of his initial appointment as a driver. The lower court had ruled in favor of the employee, concluding that the transfer was made in the interest of service.
Findings of Court:
The lower court was correct in its conclusion that the transfer was in the interest of service, and consequently, the respondent was entitled to count seniority as a clerk from the date of appointment as a driver.
Issues: Whether the respondent was entitled to count seniority as a clerk from the date of appointment as a driver and whether new evidence not presented in the lower court could be introduced during the appeal.
Ratio Decidendi: The court held that if a transfer is executed in the interest of service, the employee's seniority is maintained from the date of the original appointment. Furthermore, the appellate court will not entertain new arguments or documents that were not part of the record before the lower court.
Result: The civil appeal is dismissed with costs.
Legal Category Hierarchy
Table of Contents
2. Appellant's attempt to introduce new arguments and an undertaking not previously produced before the High Court. (Para 1 )
3. The transfer order confirms the transfer was in the interest of service, justifying the counting of seniority from the initial appointment date. (Para 1 )
4. Seniority is countable from the date of initial appointment if the transfer is found to be in the interest of service. (Para 1 )
5. Civil appeal dismissed with costs. (Para 2 )
6. Can a party introduce new arguments or undertakings in the Supreme Court that were not presented before the High Court?
The court held that there is no merit in a case where arguments or undertakings are relied upon in the Supreme Court that were never produced before the High Court. (Para 1 )
7. Under what condition is an employee entitled to count seniority from a previous appointment?
An employee is entitled to count seniority from the date of a previous appointment if the transfer was made in the interest of service. (Para 1 )
S.P.BHARUCHA , J.
(1) THERE is no merit in this appeal. A case is being made out in this Court which was never made out in the High Court. An undertaking is being relied upon which was never produced before the High Court. Upon the material document, namely the order of transfer, the High Court was right in coming to the conclusion that the transfer was in the interest of service and that, therefore, the respondent was entitled to count his seniority as a clerk from the date on which he was appointed as a driver in the Army.
(2) THE civil appeal is dismissed with costs.
