MEENAKSHI MADAN RAI
Sushil Pradhan – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT :
Meenakshi Madan Rai, J.
1. The discontentment of the Petitioners arises on account of their appointment and retention on Officiating basis from 08.05.2008 in the posts of Accounts Officers despite alleged existing Substantive vacancies, confirming them in the posts only on 16.03.2013, thus, depriving them of regular Promotion and Service Seniority, as against the Respondents No.7 to 17 directly recruited as Accounts Officers in January/February, 2009, who have been ranked higher than the Petitioners in the inter se Seniority. 1.(a) They are further aggrieved that the Respondents No.4, 5 and 6, who had appeared in the same Departmental Examination as them in the year 1997, were promoted on 24.12.1997 as Senior Accountants from the Panel prepared for such Promotion. On 05.02.2005, the same Respondents were further promoted as Accounts Officers on Officiating capacity while the Petitioners No.1, 2 and 8 despite possessing similar requisite qualifying years of Service, were excluded citing lack of vacancy. The said Respondents were promoted on Substantive capacity as Accounts Officers on 21.01.2009 and as Senior Accounts Officers on Officiating basis on 11.02.2011. The Petitio
Baleshwar Dass and Others vs. State of U.P. and Others. (1980) 4 SCC 226
O.P. Singla and Another vs. Union of India and Others
Rudra Kumar Sain and Others vs. Union of India and Others
Ram Nath Sao alias Ram Nath Sahu and Others vs. Gobardhan Sao and Others
S.B. Patwardhan and Another vs. State of Maharashtra and Others. (1977) 3 SCC 399
Pran Krishna Goswami and Others vs. State of West Bengal and Others. AIR 1985 SC 1605
G.K. Dudani and Others vs. S.D. Sharma and Others. AIR 1986 SC 1455
G.C. Gupta and Others vs. N.K. Pandey and Others
State of W.B. and Others vs. Aghore Nath Dey and Others
P.S. Gopinathan vs. State of Kerala and Others
Union of India and Others vs. M.K. Sarkar
B.S. Sheshagiri Setty and Others vs. State of Karnataka and Others
M.P. Palanisamy and Others vs. A. Krishnan and Others
Suraj Parkash Gupta and Others vs. State of J&K and Others
N.K. Chauhan and Others vs. State of Gujarat and Others
Further, support was garnered from the ratio in Union of India vs. Dharam Pal and Others
G.S. Lamba and Others vs. Union of India and Others
A. Janardhana vs. Union of India and Others. (1983) 3 SCC 601
N.K. Chauhan v. State of Gujarat [(1977) 1 SCC 308 : (1977) 1 SCR 1037 : 1977 SCC (L&S) 127]
M.S.L. Patil v. State of Maharashtra [(1996) 11 SCC 361]
Vireshwar Singh and Others vs. Municipal Corporation of Delhi and Others. (2014) 10 SCC 360
Narender Chadha [Narender Chadha v. Union of India
Direct Recruit Class II Engg. Officers' Assn. v. State of Maharashtra
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