Searching Case Laws & Precedent on Legal Query.....!
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Checking relevance for Dhole Govind Sahebrao VS Union of India...
2015 4 Supreme 158 : The creation of a new cadre (such as Data Entry Operators) from an original cadre (such as Ministerial Staff), followed by a person''''s appearance in a departmental test and subsequent change in cadre, constitutes a promotion. This is evidenced by the fact that those who opted into the new cadre and passed the required departmental examination were subsequently appointed as Tax Assistants and Senior Tax Assistants under the TA Rules, 2003 and STA Rules, 2003, which resulted in a higher seniority position—even over those who were originally senior in the ministerial cadre. The court upheld this re-amalgamation as valid, noting that such changes are not arbitrary and do not violate Articles 14 or 16. Thus, changing cadres through a departmental test after opting into a newly created cadre amounts to a legitimate promotion under service law.Checking relevance for Rama Nand VS Chief Secretary, Govt. of NCT of Delhi...
2020 0 Supreme(SC) 476 : Yes, it can be considered a promotion if a person appears in a departmental test and changes his cadre, provided the change involves elements of selection, a higher pay scale, and a change in duties or responsibilities. In the case of Telephone Operators being re-designated as Radio Telephone Operators, the court held that the reorganisation involved more than mere re-description of the post, as it included a higher pay scale, a requirement of minimum 5 years of service, a specialised training, and a selection process. The court concluded that the change constituted a promotion, disentitling the employees from benefits under the ACP Scheme, because it represented an advancement in rank and grade, and was a step toward higher dignity and honour. The key distinguishing factors are the presence of selection criteria, financial benefits, and change in duties, which together indicate a promotion rather than mere reorganisation or upgradation.Checking relevance for B. Thirumal VS Ananda Sivakumar...
Checking relevance for MOHAMMED BHAKAR VS Y. KRISHNA REDDY...
Checking relevance for Bharat Sanchar Nigam Ltd. VS R. Santhakumari Velusamy...
Checking relevance for Swapan Kumar Pal VS Samitabhar Chakraborty...
2001 4 Supreme 200 : Yes, it is promotion if a person appears in a departmental test and changes his cadre. The documents establish that promotion from the cadre of Office Clerk to Senior Clerk through a limited departmental competitive examination constitutes a regular promotion after due process of selection. The date of regular promotion, determined by the date of passing the suitability test and being declared suitable, is the date from which seniority in the cadre of Senior Clerk is counted. The ad hoc period prior to the test cannot be counted for seniority, but the act of appearing in the departmental test and being selected through it constitutes a valid promotion that changes the cadre.Checking relevance for Union of India VS Pushpa Rani...
2008 5 Supreme 513 : Yes, it is promotion if a person appears in a departmental test and changes his cadre. The legal documents establish that ''''promotion'''' in service law not only covers advancement to a higher position or rank but also implies advancement to a higher grade. The court held that filling of posts becoming available consequent upon restructuring by promotion cannot be equated to upgradation simplicitor. In the context of cadre restructuring, additional posts created in higher grades with greater duties and responsibilities are to be filled by promotion, which involves selection and suitability evaluation. Therefore, when a person appears in a departmental test (as part of a selection process) and changes cadre—especially to a higher grade with increased responsibilities—it constitutes promotion under service law.Checking relevance for M. P. E. B. Officers Association VS M. P. Electricity Board...
2005 0 Supreme(MP) 524 : Yes, appearing in a departmental test and subsequently changing one''''s cadre constitutes promotion. The court upheld the validity of a departmental examination for promotion in the Finance and Accounts Cadre under the M.P. Electricity Board General Service (Regulations), 1952, Regulation 7(ii)(a), which explicitly authorizes the Board to prescribe and hold departmental examinations and make passing such examinations an additional eligibility requirement for promotion. The court found that the process was fair, in accordance with regulations, and that the departmental examination was a legitimate mechanism for determining eligibility for promotion to higher posts within the cadre. Therefore, participation in and successful completion of such a departmental test qualifies as a form of promotion when it results in a change of cadre or position.
