1. Challenge to seniority list of Sub-Inspectors — dispute over whether seniority is determined by continuous officiation or the date of passing a departmental examination. (Para 1 , 2 )
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1998 Supreme(SC) 204
~SUPREME COURT OF INDIA
D. P. Wadhwa, Sujata .V. Manohar
M. H. PATIL, APPELLANT
Versus
STATE OF MAHARASHTRA AND OTHERS, RESPONDENTS.
Civil Appeal No. 3377 of 1981,
decided on February 11, 1998.
Important Points
Seniority for promotion in the Prohibition and Excise Department is determined based on continuous officiation, provided the persons concerned have passed the departmental examination.
Subject
Employment Law - Seniority and Promotion
Act Referred
Rules framed for the departmental examination of persons appointed to the clerical and non-gazetted executive services of the Prohibition and Excise Department in the State of Maharashtra, 1962: R.2, R.3
Headnote
Seniority - Prohibition and Excise Department - Interpretation of Rules for seniority and promotion
Fact of the Case:
The appellant challenged the seniority list of Sub-Inspectors of Prohibition and Excise, arguing that seniority for promotion should be determined based on the date of passing the departmental examination, as per departmental rules.
Finding of the Court:
The High Court and the department had interpreted the rule to mean that seniority for confirmation is based on the date of passing the examination, but for promotion, seniority is determined based on continuous officiation, provided the persons concerned have passed the departmental examination.
Issues: Interpretation of departmental rules for determining seniority and promotion in the Prohibition and Excise Department.
Ratio Decidendi: The court held that seniority for promotion is determined based on continuous officiation, provided the persons concerned have passed the departmental examination, in line with the interpretation followed by the department since 1977.
Final Decision: The appeal was dismissed, and the seniority lists prepared on the basis of continuous officiation were upheld.
Legal Category Hierarchy
Table of Contents
2. Whether seniority for promotion should be determined by the date of passing the departmental examination as per rules governing seniority for confirmation. (Para 3 )
3. Rule 3 specifies seniority based on examination dates applies only to confirmation, not promotion; continuous officiation governs promotion seniority provided the examination is passed. (Para 3 )
4. Seniority determined by the date of passing a departmental examination for the purpose of confirmation does not override seniority based on continuous officiation for promotion. (Para 3 , 4 )
5. Appeal dismissed; seniority lists based on continuous officiation upheld. (Para 4 )
6. Does seniority for confirmation based on the date of passing a departmental examination also apply to seniority for promotion?
No. The court held that if a rule specifies seniority based on examination dates for the purpose of confirmation, it does not affect seniority for promotion, which continues to be based on continuous officiation. (Para 3 )
7. What is the effect of passing a departmental examination on seniority for promotion?
Passing the departmental examination is a requirement for service, but it does not alter the seniority for promotion, which is determined by the length of continuous officiation in the cadre. (Para 3 )
8. Can a long-standing departmental practice of determining seniority by continuous officiation be disturbed?
The court declined to disturb seniority lists prepared on the basis of continuous officiation, affirming the interpretation that such lists are valid for promotion purposes. (Para 4 )
ORDER
1. The appellant filed the writ petition before the High Court of Bombay challenging the preparation of seniority list dated 22-5-1979 of Sub-Inspectors of Prohibition and Excise framed by the Government of Maharashtra. From 1977 onwards the seniority list was prepared on the basis of the length of continuous officiation in the cadre concerned. The appellant, however, relied upon the Rules framed for the departmental examination of persons appointed to the clerical and non-gazetted executive services of the Prohibition and Excise Department in the State of Maharashtra and dated 3-1-1962.
2. Under the said Rules, every person appointed to the clerical and non-gazetted executive services of the Prohibition and Excise Department was required to take the prescribed departmental examination under the Rules unless he was exempted from taking the examination. The Rules require that the candidate must pass the departmental examination within a period of 3 years from the date of his appointment. In case of failure to pass the examination within the said period, he was liable to be removed from the department. No candidate would be allowed to appear again in the examination after the expiry of 3 years without special sanction of the Government for any additional chance to appear which would be given only in very exceptional circumstances. Under Rule 2 , a candidate who failed to appear for the first examination held after completing one year of continuous service was liable to have his increment withheld until he passed the examination or his services were dispensed with. On passing the examination, however, the withheld increment would become payable. Rule 3 which is relied upon by the appellant is as follows :
"3. Seniority among the Non-Gazetted Prohibition and Excise Officers and Clerks for the purpose of confirmation shall be decided according to the dates of their passing the departmental examination held after completion of one years continuous service in the Prohibition and Excise Department."
3. The appellant contended that in view of this Rule the seniority for the purpose of promotion should be determined on the basis of the date of passing the examination. The High Court has negatived this contention relying upon the wording of Rule 3 which says that the seniority determined on the basis of the date of passing the departmental examination is for the purpose of confirmation only and not for any other purpose. The High Court has also pointed out the advantages which a candidate will derive by early confirmation if he passes the departmental examination earlier than his seniors. The High Court after considering the advantages which may flow from early confirmation under Rule 3 , has held that Rule 3 will not affect the seniority on the basis of continuous officiation for the purposes of promotion provided the persons concerned have passed the departmental examination.
4. This has also been the view taken by the department right from the year 1977 onwards although prior to 1977, the department had interpreted the Rule as contended by the appellant. The seniority lists have been prepared on the basis of continuous officiation right from 1977 onwards. We do not see any reason to now disturb the seniority lists so prepared. We, therefore, do not see any reason for taking a view different from the view taken by the High Court. The appeal is, therefore, dismissed. There shall be no order as to costs.
