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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Union of India – Appellant
Versus
Sandeep Singh – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal's orders (Para 1 , 2 , 4 , 5) |
| 2. background of appointments (Para 3 , 6 , 7 , 8) |
| 3. communication regarding appointment dates (Para 10 , 11 , 12) |
| 4. tribunal's order reasoning (Para 15 , 16 , 17) |
| 5. promotion cases review (Para 19 , 20 , 21 , 22) |
| 6. arguments by union of india (Para 26 , 27) |
| 7. submissions by petitioners (Para 28 , 29) |
| 8. court's analysis and ruling (Para 30 , 31 , 32) |
| 9. conclusion and order dismissal (Para 37 , 38 , 39) |
JUDGMENT
Rajiv Shakdher, J.
TABLE OF CONTENTS
Particulars Para No. Preface 1 Background 6 Submissions of the Counsels 26 Analysis and Reasons 30 Conclusion 37
Preface:
1. The central issue which arises for consideration in the above-captioned matters concerns the following i.e., the starting point for the commencement of "approved service" vis-a-vis persons who entered the Assistant Civil Staff Officer Grade via the Limited Departmental Competitive Examination [in short "LDCE"] route.
1.1. It is important to note at the outset that the post of Assistant Civil Staff Officer was renamed as Section Officer and, therefore, hereafter will be referred to as "SO" for the sake of brevity.
2. It is in this context that challenge i
The Tribunal correctly held that approved service for LDCE appointees starts from January 1 of the examination year, not the anticipated vacancy year, ensuring compliance with the Armed Forces Headqu....
Eligibility for promotion under conflicting recruitment rules must prioritize service years and proper seniority lists as determined by precedent.
The main legal point established in the judgment is that promotions granted based on the O.M. dated 03.05.2012, which extended the Select List Year 2003 of UDCs, indicated a fair method of filling up....
Seniority is fixed based on recruitment ratios. Promotions made within the prescribed promotional quota remain regular despite delays in the examination quota. However, diverting quota-based vacancie....
Promotion under LDCE quota is not automatic and entails a process, and there can be no parity between promotion under 80% quota and promotion under LDCE quota.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
Adhoc temporary promotions explicitly denying seniority benefits do not confer retrospective seniority upon regularisation through competitive exam; seniority reckoned from regular appointment date o....
Service Law - Appointment of persons made beyond the sanctioned strength - held, entitled for seniority
Irregular excess promotions beyond notified vacancies do not confer similar rights on other candidates; low merit rank and disciplinary bar preclude promotion claim despite passing LDCE.
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