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Hariharan v. Harsh Vardhan Singh Rao

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Hariharan v. Harsh Vardhan Singh Rao

This case concerns a dispute between promotees and direct appointees vis-a-vis inter-se seniority for the posts of Inspectors in the Income Tax Department of Gujarat.

Petitioners Arguments
As per K. Meghachandra Singh. v. Ningam Siro the seniority of direct recruits will be reckoned only from the date of recruitment and not from the date when the requisition for their appointment was sent. Union of India v. N.R.Parmar on which the respondents are relying has been overruled by K. Meghachandra . When there was no advertisement and no requisition issued for the vacancies of the year 2009, the vacancies of the year 2009 were combined with the vacancies in 2010. Therefore, relative merit of selected candidates cannot be determined for assigning the seniority in different recruitment years, the reason being that there was only one merit list for the 2010 examination.
Responders Arguments
The decision of K. Meghachandra Singh is per incuriam because it disregards the court’s decision in Mervyn Coutindo v. Collector of Customs, Bombay which upholds the present rotational system of promotion. Even the decision in the case of K. Meghachandra protects the case of the respondents as it operates prospectively and hence will not apply to the seniority list which was issued prior to the pronouncement of judgement in the case.
Last Listed On
2025-04-15
Start Date
2022-12-14
Card Stage Date
2022-12-14
Review Petition No
SLP(C) No. 16161/2018
Case Status
Pending
Bench Status
Not Constituted
Subject Matter
Administrative Law
Pendency
3 years, 6 months, 16 days

5 Judge Bench

Reference to larger bench

Consider As Stage Of Pendency
true

Date of institution of case

Date of reference to larger Bench

This case concerns a dispute between promotees and direct appointees vis-a-vis inter-se seniority for the posts of Inspectors in the Income Tax Department of Gujarat. Office Memoranda issued by the Ministry of Personnel, Public Grievances and Pension in 1986 read with the Recruitment Rules of 1969 provides that the promotees and the direct recruits could be promoted together in a 2:1 ratio. However, a clarificatory Office Memoranda issued by the Department of Personnel and Training stated that seniority will be based on the year of appointment and not on the year in which the vacancy arose. On 13-02-2018, a seniority list was published that placed direct recruits for the year 2009-10 with the promotees of the year 2010-11. This meant that their promotion would be held off by one year in comparison to the department promotees of the year 2009-10. The Respondents in this case, who were direct recruits, filed a writ petition before the High Court of Gujarat for quashing the said seniority list and the High Court issued an order in their avour. Leave was granted to appeal against the High Court’s decision

Should the promotion of direct recruits be based on the year in which the vacancy arose or the year in which the actual recruitment took place?

NA

Due to the differing precedents on the matter, and the differences in the Bench sizes therein, the two-judge bench referred the matter to a Constitution Bench.

Union of India v. N.R.Parmar

K. Meghachandra Singh v. Ningam Siro

Mervyn Coutindo v. Collector of Customs, Bombay

Harsh Vardhan Singh Rao v. Union Of India Through Secretary

Inter-se-seniority -Promotees versus Direct Appointees: ‘K. Meghachandra requires reconsideration’; Supreme Court’s 5-judge bench to hear the matter

Inter-se-seniority -Promotees versus Direct Appointees: ‘K. Meghachandra requires reconsideration’; Supreme Court’s 5-judge bench to hear the matter
Source Of Info
SCC Online
Date Of Fr
2022-12-24

Dispute Between Promotees, Direct Appointees Over Inter-Se Seniority: SC Refers Matter To Constitution Bench

Dispute Between Promotees, Direct Appointees Over Inter-Se Seniority: SC Refers Matter To Constitution Bench
Source Of Info
Verdictum
Date Of Fr
2022-12-16

Date Of Joining Irrelevant In Fixing Seniority Of Direct Recruits

Date Of Joining Irrelevant In Fixing Seniority Of Direct Recruits
Source Of Info
Bhatt and Joshi Associates