BHARAT SANCHAR NIGAM LTD. vs PREM CHAND PREMI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2005 Supreme(SC) 1280

SUPREME COURT OF INDIA
RUMA PAL AND DR. AR. LAKSHMANAN, JJ.
BHARAT SANCHAR NIGAM LTD. AND OTHERS APPELLANTS;
VERSUS
PREM CHAND PREMI AND ANOTHERRESPONDENTS
CIVIL APPEAL NO. 6109 OF 2005, DECIDED ON OCTOBER 3, 2005

Headnote:
Civil Procedure Code, 1908, Order 39, Rule 1 -Eligibility for Promotion - Interim order - Grant of ultimate relief by High Court- Not proper- The question was whether the eligibility of the respondents for promotion should be decided according to the 1996 Rules, the 1999 Rules or the 2001 Rules.- The question was debatable -Order of the High Court set aside- Interim relief granted to the effect that If the respondents are ultimately successful in their writ petition, they will be granted retrospective seniority based upon the relevant rules which might be held to be applicable. [Para 3]

ORDER

1. LEAVE GRANTED.

2. WE ARE OF THE VIEW THAT THE HIGH COURT SHOULD NOT HAVE GRANTED THE ULTIMATE RELIEF AT THE INTERIM STAGE AS THE ISSUE SEEMS TO BE A HIGHLY DEBATABLE ONE. THE QUESTION IS WHETHER THE ELIGIBILITY OF THE RESPONDENTS FOR PROMOTION SHOULD BE DECIDED ACCORDING TO THE 1996 RULES, THE 1999 RULES OR THE 2001 RULES. WE ACCORDINGLY ALLOW THE APPEAL BY SETTING ASIDE THE INTERIM ORDER PASSED BY THE HIGH COURT. HOWEVER, WE PASS THE FOLLOWING INTERIM RELIEF:

"IF THE RESPONDENTS ARE ULTIMATELY SUCCESSFUL IN THEIR WRIT PETITION A THEY WILL BE GRANTED RETROSPECTIVE SENIORITY BASED UPON THE RELEVANT RULES WHICH MIGHT BE HELD TO BE APPLICABLE."

3. THEREFORE, THE ORDER OF THE HIGH COURT IS SET ASIDE. THIS INTERIM ORDER SHALL CONTINUE UNTIL THE DISPOSAL OF THE WRIT PETITION. WE REQUEST THE HIGH COURT TO DISPOSE OF THE WRIT PETITION AS EXPEDITIOUSLY AS IS POSSIBLE.

4. THE APPEAL IS ALLOWED BUT WITHOUT ANY ORDER AS TO COSTS.

Click Here to Read the rest of this document