Jagdish
Lal & Ors Vs. State of Haryana & Ors [1997] INSC 519 (7 May 1997)
K.
RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK
ACT:
HEADNOTE:
THE
7TH DAY OF MAY, 1997 Present:
Hon'ble
Mr. Justice K. Ramaswamy Hon'ble Mr. Justice S. Saghir Ahmad Hon'ble Mr. Justice
G.B. Pattanaik K.B. Rohtagi, Mrs. Aparna Rohtagi Jain, Advs. for the
appellants.
Prem
Malhotra, Jasbir Malik and K.S. Chauhan, Advs. for the Respondents.
The
following Judgment of the Court was delivered:
K.
Ramaswamy, J.
Leave
granted We have heard learned counsel on both sides.
This
appeal by special leave arises from the Division Bench Judgment of Punjab &
Haryana High Court, made on November 5, 1996
in C.W.P. No.8755/96.
The
appellant-general candidates, viz., Jagdish Lal, Ram Dayal and Surinderjit Kapil,
challenged the promotion of the Scheduled Caste and Scheduled Tribe candidates
(for short, the `reserved candidates'), viz., Ram Asra, H.S.
Hira,
Sant Lal and Ajmer Singh, as Superintendents in Class-
III Service of Haryana Government. Respective appointments of the appellant and
the respondents have been reflected in the judgment of the High Court as under:
S.No
Name Seniority Dt. of As As As As As no. in apptt. Asstt. Dy. Supdt. Bud- R.E.
the
seni- as Supdt. get (Cla- ority list Clerk Offi ass cer- I) of 1.1.95 (Cla- ss
II) ------------------------------------------------------------ APPELLANTS:
1.
Jagdish 22 24.11.58 1.12.68 27.10.87 1.4.90 - - Lal
2. Ram
Dayal 28 22.2.61 1.12.68 16.1.89 9.8.91 - -
3.
Surinderjit 56 1.9.66 10.4.72 2.2.96 - - - Kapil
1. Ram
Asra 48 31.1.66 22.9.71 26.5.82 4.9.87 - -
2.
H.S. Hira 64 18.4.67 31.5.73 27.10.83 27.5.88 - 2.2.96 promoted on ad hoc basis
for a period of 4 months only and 31.5.96 on regular basis.
3.
Sant Lal 91 16.8.71 6.11.78 4.11.87 8.2.90 - -
4. Ajmer
Singh 99 24.8.72 9.9.79 31.10.88 1.7.90 - - In the lowest cadre post, i.e.,
Clerks and Assistants, in the Education Department, admittedly, the appellant
were senior to the respondent. But as Deputy Superintendents, Respondent Nos. 1
and 2 were promoted respectively on May 26, 1982 and October 27 1983, while the appellants were promoted on different dates,
viz., October 27, 1987, January 16, 1989 and February
2, 1996. Sixth
respondent, Sant Lal was promoted on November 4, 1987, that is, prior to the promotion of
Surinderjit Kapil. Equally, respondent No.7 Ajmer Singh also was promoted
earlier to Ram Dayal and Surinderjit Kapil on October 31, 1988. While working as Deputy Superintendent, Ram Asra was
promoted to the post of Superintendent on September 4, 1987; H.S. Hira was
promoted as Superintendent on May 27, 1988 while the first appellant, Jagdish
Lal was promoted on April 1, 1990 and Ram Dayal, appellant No.2 was promoted on
August 9, 1991; Sant Lal, respondent No.6 was promoted on February 8, 1990, that
is, prior to the promotion of Jagdish Lal as Superintendent.
Equally,
Ajmer Singh, 7th respondent was promoted as Superintendent on July 1, 1990, that is, prior to the promotion of
second appellant, Ram Dayal on August 9 1991.
While
all of them were working as Superintendents, H.S. Hira was further promoted on
ad hoc basis w.e.f. February
2, 1996 for a period
of 4 months and from May
31, 1996 on regular
basis, in his own right, as Registrar (Education) which post is now classified
as Class I post. On June
4, 1996, the
appellants filed a writ petition claiming that right from the post of Clerk
upto the post of Superintendent, the Class III Service of the Education
Department, they were senior to the reserved candidates.
Though
they were promoted on the basis of rule of reservation applying the 100 point
roster maintained by the Government, they stole a march over the appellants who
were being members of the same Class III Service. They further claimed that
though the reserved candidates has got promotion to the different posts earlier
to them, the appellants still were entitled to be senior to them for the
purpose of promotion to Class I posts. As a consequence, they were entitled to
be considered for promotion before consideration of the reserved candidates including
H.S. Hira, the fifth respondent as Registrar (Education). The sheet anchor of
their case was the decision of this Court in Ajit Singh Januja & Ors. v.
State of Punjab [JT 1996(2) SC 727]. The High Court
dismissed the writ petition inter alia on the ground of abnormal delay in
challenging the promotion of the reserved candidate to the post of Asstt./Dy. Superintendents
and Superintendents. It observed that though the reserved candidates were
promoted on different dates as Superintendents etc. earlier to the appellants,
they having become members of the Service in the lower cadres earlier to the
appellant, were entitled to be considered for further promotion to the higher
ladders of the Service; their promotions are not vitiated by an error of law. The
Haryana Eduction Deptt. (State Service Class II) are governed by the Haryana
Education Deptt. (State Service Group B) Rules, 1980 (For short, the `Rules')
Rule 11 of the Rules deals with seniority. By operation thereof the reserved
candidates became senior to the appellants in the respective cadres.
Fifth
respondent, H.S. Hira was promoted to Group `B' Class- I Service in his own
right as a general candidate as there was no reservation. Therefore, their
promotion is valid in law. It was also held that even otherwise, since the
promotions of the reserved candidates came to be made prior to the decision in
Sabharwal's case, they could not be declared invalid. The High Court has
pointed out that "Here it is important to mention that as on the date of promotion
of respondent No.4 on the post of Superintendent, the petitioners has not been
promoted even as Deputy Superintendents. Similarly, as on the date of promotion
of respondent Nos. 4 and 5 , the petitioner No.2 has not been promoted as
Deputy Superintendent and so far as petitioner No.3 is concerned, he came to be
promoted as Deputy Superintended after almost 8 years and 6 months of the
promotion of respondent No.4; after 7 years and 9 months of the promotion of
respondent No.5; and after almost 4 and 5 years and 6 months of the promotion
of respondent Nos.6 and 7 as Superintendents. Thus the petitioners cannot have
any claim to be assigned seniority over and above respondent Nos. 4 to 7 as
Superintendents." The High Court negatived the contention that the appellants
were denied of right to equality on account of the application of rule of
reservation and roster point violating Articles 14 and 16 of the Constitution.
The High Court further pointed out thus:
"A
careful reading of the various decisions of the Apex Court and the decision of this Court, shows that in R.K.
Sabharwal's case, their Lordships were primarily concerned with the
interpretation of the policy circulars issued by the Government of Punjab
regarding reservation in favour of the Scheduled Castes and Backward Classes
and operation of the roster system. In Court was dealing with circulars issued
by the Railway Board with particular reference to the letter dated 31st Aug.,
1982 and held that the word "Panel" used in that circular meant the
panel prepared by the recruiting authority at the time of initial entry in the
service and that the seniority of the employees in the higher grades must also
be determined with reference to their panel position. This very principle has
been reiterated in Ajit Singh's case in which circular issued by the Government
of Punjab and the judgment of the Full Bench case in Jaswant Singh's case
(supra) came up for consideration. The Division Bench which decided Madan Lal's
case simply applied the observations made in the three decisions of the Supreme
Court and held that reserved categories employees have no right to be assigned
seniority on the promoted posts over and above the general category employees
who were senior in the lower cadre and who got promotion in the next higher
post on a later date. However, in Akhil Bhartiya Soshit Karamchari Sangh's case
(supra) their Lordships clarified that the principle laid down in R.K.
Sabharwal's case and Virpal Singh Chauhan's case (supra) will operate
prospectively and not retrospectively.
In our
opinion, none of these decisions is of any help for interpreting rules relating
to seniority which have been extracted above. In none of the decisions, their
Lordships of the Supreme Court interpreted a rule like the one which is under consideration
before us. No doubt in Madan Lal's case a similar rules has been referred to
but instead of interpreting that rules the Division Bench has limited its
considerations made by the Supreme Court in Ajit Singh's case (supra).
We are
of the opinion that in view of the clear language used in the substantive part
of Rule 11 and its first proviso, seniority will have to be determined in
different cadres and categories of posts because the services governed by the
Rules of 1974 and 1980 consist of different cadres. Posts of Registrar,
Assistant Registrar (Examinations), Budget Officer and Superintendents
constitute different cadres and, therefore, seniority will have to be
determined in each cadre separately. Similarly, the post of Deputy
Superintendents, Assistants and Clerks, recruitment to which is governed by
`1974 Rules' constitute different cadres and seniority will have to be
determined separately in each of these cadres and the general principle laid
down in Ajit Singh's case cannot be applied for the purpose of determination of
seniority in a case like the present one.
On the
basis of above discussion, we hold that:- (i) the writ petition deserves to be
dismissed on the ground of delay and laches in so far as challenge to the
promotion of the respondents as Superintendents/Registrar is concerned;
(ii)
the principles laid down in Virpal Singh Chauhan's case (supra) and Ajit
Singh's case (supra) will operate prospectively and will not affect promotions
of reserved category candidates which were made prior to the decision in R.K. Sabharwal's
case (supra) or Virpal Singh Chauhan's case (supra);
(iii)
the decision in Virpal Singh Chauhan's case and Ajit Singh's case cannot be
applied in a case like the present one where the seniority is required to be determined
in different cadres and categories of posts. In the absence of any challenge to
the vires of Rule 11 the petitioners cannot claim fixation of their seniority
above the Respondent Nos. 4 to 7 who were promoted as Deputy Superintendents
earlier than the petitioner." Shri Rohtagi, learned counsel for the
appellant, contended that in all the posts/grades starting from that of Clerk
to Superintendents in Class III Service and the posts of Budget Officer,
Assistant Registrar and Registrar in Group `B' Class I Service by operation of
ratio of Ajit Singh's case and Union of India v. Vir Pal Singh Chauhan [(1995)
6 SCC 684], seniority is required to be determined keeping the seniority of the
general and reserved candidates in the lower grade/cadre in fact as all the
posts are of the same Service. As soon as the general candidates get promoted
to the higher cadre, the inter se seniority of the general candidates and the
reserved candidates is required to be redetermined on the basis of their inter
se seniority in the feeder grade/cadre. That was the view taken by this Court
in Veer Pal Singh Chauhan case. Even though the reserved candidates were
promoted earlier to the general candidates, the inter se merit between the
general candidates and the reserved candidates in Group `B' Class I Service
should be redetermined. The promotion is required to be given to Class I
Service on that basis. Promotion at various levels in Class II Service is also,
accordingly, required to be given and the seniority determined. As soon as the
general candidates get promoted, even though later to the reserved candidates,
they have right to have their seniority restored. As a consequence, the general
candidates are eligible to be considered for promotion in higher posts before
consideration of the reserved candidates since for the first time the inter se
rights are being considered in Class-I Group `B' Service. This interpretation
in Chauhan's case and Ajit Singh's case is consistent with the principle laid
down in Articles 14 and 16 (1) of the Constitution granting equality of
opportunity to both the general as well as the reserved candidates. The absence
thereof would negate the right to equality to general candidates violating
Article 14 and 16 (1) of the Constitution. The mere delay in filing the writ
petitions cannot made the base to deny the relief to the general candidates.
The right to equality being a constitutional mandate, as and when the right is
required to be determined, the Court has to consider the facts of each case and
decide it on merits. The High Court, therefore, is wrong in law. Shri Prem
Malhotra, learned counsel for the State, contended that whatever be the earlier
legal position, after the judgment in Ajit Singh's case, the Government
re-examined the matter and issued proceedings restoring the seniority of the
general candidate in their respective feeder post/cadres from which reserved
candidates came to be promoted. The direction, it is contend, is consistent
with and is in implementation of the law laid down by this Court. The High
Court, therefore, is not right in refusing to grant the relief to the
appellants.
Shri
K.S. Chauhan, learned counsel for the reserved candidates, contended that under
Rule 11 of the Haryana Education Department Class III Service Rules, 1974 [for
short, the "1974 Rules"] and Rule 11 of the Rules provide for
determination of seniority of the employees in the said Service. The Service as
per 1974 Rules consists of various cadres, starting from Clerk to
Superintendents in the Class III Service. Under 1980 Rules, the Gazetted Cadre
consist of Budget Officers, Assistant Registrar (Education) and Registrar
(Education) all of which constitute Class I Service. Rule 11 of the respective
Rules is a substantive rules creating right to seniority. The moment the
officer is appointed to the service/cadre on putting probation, on successful
completion of the probation period and on being duly declared, they cease to be
the members of the feeder cadre from which they came to be promoted, As and
when the vacancies arise in the posts in the respective cadres as per the
roster point, the candidates, whether general or reserved, are required to be
considered for promotion and duly promoted in accordance with the existing
Rules. They became members of the service in the respective cadres of Class III
or Group B Class I Service. The moment they started discharging the duties of
the posts and on declaration of the successful and satisfactory probation
period, they became fullfledged members of that Service.
They
also ceased to be members of the feeding cadre.
Therefore,
the moment, the termination of probation was declared, they ceased to be
members of the Service of the lower feeder cadres at various levels as cadre
officers. The subsequent promotions to the general candidates do not have the
effect of denying the seniority secured by the reserved candidates due to their
early promotion. Even if promotions to Group `B' Class I service are to be made
without applying the rule of reservation, the reserved candidates having become
senior to general candidates, are entitled to be considered for promotion as
per Rules in their own merit.
Accordingly,
the 5th respondent came to be promoted to the post of Registrar (Education) in
his own right. The appellants have no right to claim seniority over the
respondent-reserved candidates. He also contended that promotion to the
reserved candidates is as member of the Dalits and Tribes as a Class.
Constitutional right to equality enshrined under Article 14, the genus, and
Article 16 (1), the species thereof, provide for protective discrimination in
favour of the Dalit and Tribe. Appointment by promotion to a post or Service
under the State is a constitutional right given by Article 16(1) or (4A) of the
Constitution. Therefore, when the reserved candidates are promoted in
accordance with the Rules, applying rules of reservation, and are promoted to
posts as per the roster and are appointed to the posts reserved for reserved
candidates as per the roster, no unconstitutionality result and it is not
discriminatory or arbitrary, violating Article 14 of the Constitution. He also
contended that the reserved candidates were promoted long prior the general
candidates in Class III and Group B Class I Service. The writ petition came to
be filed after Ajit Singh's case. The High Court, therefore, is right in
dismissing the writ petitions on the ground of delay as well.
In
view of the diverse contentions, the questions that arise for consideration
are: from what date seniority of reserved or general candidates should be
determined? Whether the accelerated promotions given to the reserved candidates
to various cadres, applying the rule of reservation, will not enure to them the
seniority from the date of respective promotion? Conversely, whether on the promotions
given to the general candidates as per the roster point, the promotions will
have the effect of giving them the seniority over the reserved candidates in
the respective feeder/promoted cadres? Whether the view taken by the High Court
is correct in law? In order to appreciate the contention, it is necessary to
refer to Rule 11 of the 1974 Rules and Rule 11 of the 1980 Rules. They read as
under:
"1974
Rules : Rule 11 : The seniority, inter-se seniority of members of service shall
be determined by the length of continuous service on a post in the service;
Provided
that where there are different Cadres of categories of the post in service, the
seniority will be determined separately for each cadre or category of posts;
Provided
further that in the case of members appointed by direct recruitment, the order
of merit determined by the commission shall not be disturbed in fixing the
seniority and candidates recommended earlier shall be senior to the candidate
recommended later;
Provide
further that in the case of two or more members appointed on the same date,
their seniority shall be determined as follows:
(a) a
member appointed by direct recruitment shall be senior to a member appointed by
promotion or by transfer;
(b) a
member appointed by promotion shall be senior to a member appointed by
transfer;
(c) in
the case of members appointed by promotion or by transfer, seniority shall be
determined according to the seniority of such members in the appointments from
which they were promoted or transferred; and (d) in the case members appointed
by transfer from different cadres their seniority shall be determined according
to pay, preference being given to a member, who was drawing a higher rate of
pay in his previous appointment and if the rates of pay drawn are also the
same, then by the length of their service in the appointments, and if the
length of such service is also the same, the older member shall be senior to
the younger member.
`1980
Rules' : Rules 11 : Seniority of members of the service : The seniority, inter
se, of members of the Service shall be determined by the length of continuous
service on a post in the service;
Provided
that where there are different cadres or categories of posts in the service,
the seniority shall be determined separately for each cadre or category of
posts;
Provided
further that in the case of members appointed by direct recruitment, the order
of merit determined by the Commission shall not be disturbed in fixing the
seniority and candidates recommended earlier shall be senior to the candidates
recommended later;
Provided
further that in the case of two or more members appointed on the same date,
their seniority shall be determined as follows:
(a) a
member appointed by direct recruitment shall be senior to a member appointed by
promotion or by transfer;
(b) a
member appointed by promotion shall be senior to a member appointed by
transfer;
(c) in
the case of members appointed by promotion or by transfer, seniority shall be
determined according to the seniority of such member in the appointment from
which they were promoted or transferred; and (d) in the case of members
appointed by transfer from different cadres, their seniority shall be
determined according to pay, preference being given to a member, who was
drawing a higher rate of pay in his previous appointment and if the rates of
pay drawn are also the same, the y by the length of their service in the
appointments, and if the length of such service is also the same, the older
member shall be senior to the younger member." 1974 Rules and 1980 Rules
mutatis mutatis are the same.
Rule 2
(g) of 1980 Rules defines "Service" to mean Haraya Education
Department (State Service, Group B). Under Rule 3, the Service shall comprise
the posts shown in Appendix A to the Rules. Rule 4 prescribes the general
eligibility criteria and Rule 5 prescribes age requirement. Rule 6 prescribes
educational qualifications as per Appendix B.
Rule 8
enumerates certain grounds for disqualification for appointment to any post in
the service. Relevant part of Rule 9 with which we are concerned reads as under
:
"9.
(1) Recruitment to the Service shall be made,
(a) in
the case of Registrar, -
(i)
from amongst the Assistant Registrar (Examinations), Budget Officer in the
Service or by promotion from amongst the Superintendents in the Service;"
In other words, all feeder posts enumerated constitute source of recruitment to
the post of Registrar.
"or
(c) in the case of Budget Officer,-
(i) by
promotion from amonst the Superintendents; or
(ii)
by transfer or deputation of an officer of equivalent grade/experience, already
in the service of Government of India or any State Government.
(d) in
the case of Superintendent,-
(i) by
promotion from amonst the Deputy Superintendents, or Assistants in the Haryana
Education Department (State Service, Group C) Services; or
(ii)
by transfer or deputation of an officer of equivalent grade already in the
service of Government of India or of any State Government; or (iii) by direct
recruitment." (2) Whenever any vacancy occur or is about to occur in the
Service, the appointing authority shall determine in what manner such vacancy
shall be filled.
(3)
All promotions, whether from one grade to another or from one class of service
to another class of service, shall be made by selection based on merit and
taking into consideration seniority but seniority alone shall not given any
right to such promotions.
On
appointment so made, by operation of Rule 10, person appointed to nay post in
the Service shall remain on probation for a period of two years, if appointed
by direct recruitment and one year if he is appointed otherwise (promotion).
However, under proviso thereto, among others, any period before such
appointment, spent on deputation on a corresponding post or a higher post shall
count towards the period of probation of one year. Under sub-rule (2) of Rule
10, if in the opinion of the appointing authority the work or conduct of a
person during the period of probation is not satisfactory, it may, (a) if such
person is appointed by direct recruitment, dispense with his services; and (b)
if such person is appointed otherwise then by direct recruitment (promotion) or
transfer, (i) revert him to his former post; or (ii) deal with him in such
other manner as the terms and conditions of his previous appointment permit.
On
completion of the period of probation by a person, under sub-rule (3), the
appointing authority may, (a) if his work or conduct has in its opinion, been
satisfactory - (i) confirm such person from the date of his appointment, if
appointed against a permanent vacancy; or (ii) confirm such person from the
date from which a permanent vacancy occurs, if appointed against a temporary
vacancy; or in case of non- availability of permanent vacancy (iii) declare
that he has completed his probation satisfactorily and awaits appointment to
permanent vacancy; or (b) If his work or conduct has, in its opinion, not been
satisfactory, - (i) dispense with his services, if appointed by direct
recruitment or if appointed otherwise, revert him to his former post or deal
with him in such other manner as the terms and conditions of his previous
appointment permits; or (ii) extend his period of probation and thereafter pass
such order, as it could have passed on the expiry of the period of probation.
Under proviso, however, the total period of probation, including extension, if
any, shall not exceed three years. It would thus in the Service, either by
direct recruitment or by promotion/transfer, the incumbent officer is required
to be put on probation and on completion of the probation or extended probation
period, upto a maximum of three years, the authority is enjoined to declare
completion of his probation. In other words, he stands confirmed to the
Service. He gets appointed to a permanent vacancy subject to availability and
thereafter he becomes full-fledged member of the Service. It is settled legal
position that confirmation is an inglorious uncertainty. Continuous length of
service; if appointed according to the Rules on consideration of claims of
eligible persons as on that date as per rules accords seniority and gets
counted from the date of initial appointment by direct recruitment/promotion/
transfer to the cadre/post.
The
question then arises : as to from what date the seniority is required to be
determined? As seen, under Rule 11, the inter se seniority of the member of the
Service shall be determined by the length of continuos service is a post in the
Service. However, exception are carved out to the said general rule. Under the
first proviso, where there are different cadres or categories of posts in the
Service, the seniority shall be determined separately for each cadre or
category of posts. The second proviso being not relevant for our purpose, is
omitted. Under the third proviso, in case of two or more members are appointed
on the same date, their seniority shall be determined in the following manner:
"(a)
a member appointed by direct recruitment shall be senior to a member appointed
by promotion or by transfer;
(b) a
member appointed by promotion shall be senior to a member appointed by
transfer;
(c) in
the case of members appointed by promotion or by transfer, seniority shall be
determined according to the seniority of such members in the appointments from
which they were promoted or transferred;" [Class (d) being irrelevant for
the present purpose, is omitted] Conjoint reading of the provisions referred to
hereinabove would indicate that according to 1974 Rules, there exist in the
Service cadre/grades consisting of Clerks, Assistants, Deputy Superintendents
and Superintendents in the Service. Similarly, under 1980 Rules, there exist
cadre/grade of Budget Officer, Assistant Registrar and Registrar. It is also
seen that under the Rules, appointment by promotion to Grade B-Class-I, i.e., Gazetted
cadre, is to be made from amongst the Budget Officers or Superintendents.
Therefore, promotion to the post of Registrar (Education) one of the feeder
posts is Superintendent. It is seen that as soon as a person is appointed to a
cadre/grade, he starts discharging the duties of appointment to the post and
his seniority is determined on the basis of that date unless he is appointed
only as a stop-gap arrangement or on ad hoc basis and de hors the Rules. In
case of regular appointment, the appointing authority is enjoined to put him on
probation and on successful completion of the probation period of one year
including the period spent on the higher post (s), unless the probation is
extended upto a maximum of three year, he stand confirmed in the promoted post.
Thus, his confirmation dates back to his initial dated of appointment by
promotion and by operation of Rule 11 and the proviso referred to hereinabove,
the seniority stands determined from the date of his appointment to the
cadre/grade. It would thus be manifest that as soon as the candidate, whether
general or reserved, gets promoted from one cadre, e.g., a Clerk is promoted as
Assistant on his completion of probation and on declaration thereof, he gets
confirmed as Assistant and becomes a member of the Service from the initial
date of appointment by promotion. Equally, when an Assistant become Deputy
Superintendent and Deputy Superintendent becomes Superintendent, the method of
computation of seniority would be the same, viz., as soon as his probation is
declared, he becomes a member of the Service. On availability of permanent
post, he gets appointed to the post and thereafter ceases to be a member of the
feeder/lower cadre. In this regard, under Fundamental Rule 14-A(a) a Government
Servant's lien on a post may, in no circumstance, be terminated, even with his
consent, if the result will be to leave him without a lien or a suspended lien
upon a permanent post. Under Fundamental Rules 14-A(d) a Government servant's
lien on a post shall stand terminated on his acquiring a lien on a permanent
post (whether under the Central Government or a State Government) outside the
cadre on which he is borne. A conjoint reading, thus, would establish that a
Government servant shall always have a lien on the post and simultaneously, he
shall not have right to hold any lien on more than one post. In other word, the
articulated be a member of two post/service/grade/cadre nor is he eligible to
hold lien on two posts. On promotion from the post of Clerk as Assistant, on
successful and satisfactory completion of probation and declaration thereof, he
becomes a member of the Service in the cadre of Assistant and so on till the
cycle is complete. Vice versa, there are various stages of promotion to the
higher echelons of Service and the same resultant consequence follow. The same
principle equally applies in Group B Service under 1980 Rules. This principle
is applicable equally to the general as well as reserved candidates. On this
principle, there is and there should be no dichotomy and this is the settled
service jurisprudence. In the case of appointment by promotion of Dalits and
Tribes, no different yardstick should be applied. This is the normal/common
phenomenon is service jurisprudence in Service under, either the Union
Government or the State Government, or for that matter, semi-Government
authorities/corporations/undertakings.
The
question then is : whether such a rule becomes arbitrary or violative of
equality enshrined under Article 14 read with Article 16 (1) of the
Constitution, when applied to Dalits and Tribes? It would be appropriate at
this stage to have the benefit of case law on the subject.
In the
All India Administrative Service (SAS) Association & Ors. V/s. Union of
India [(1993) Supp 1 SCC 730], in paras 14 and 15, a Bench of three Judges, to
which one of us, K. Ramaswamy, J., was a member, has held that no one has
vested right to promotion or seniority but an officer has an interest in
seniority acquired by working out the rules. In T.R. Kapoor V/s. Stat of
Haryana [(1986) Supp. SCC 584 at 595], this Court observed that "unless it
is specifically provided in the rules, the employees who are already promoted
before the Amendment of the Rules, cannot be reverted and their promotions
cannot be recalled". In State of Maharashtra V/s. Chandrakant Anant
Kulkarni [(1981) 4 SCC 130], another Bench of three Judges in paragraph 16 at
page 141 had held that "(M)ere chances of promotion are not conditions of
service, and the fact that there was reduction in the chances of promotion did
not tantanmount to a change in the conditions of service." In K.
Jagadeesan vs. Union of India & Ors. [(1990) 2 SCC 228 at 230], in para 6,
it was held that "a right to be considered for promotion is a term of
service, but mere chances of promotion are not"; so also the eligibility
for promotion. Passing of the departmental examination is nothing but a mere
chance of promotion. In Ashok Kumar Gupta V/s Stat of U.P. [1997 (3) SCALE 289
at 299, para 22] this Court comprising all the three of us, had held that
"in service jurisprudence, a distinction between a right and interest has
always been maintained. Seniority is a facet of interest. When the Rules
prescribed the method of selection/recruitment, seniority is given as per the
ranking given and governed by such as was laid in the rules".
Similar
view taken in A.K. Bhatnagar V/s. Union of India [(1991) 1 SCC 544] was upheld
by this Court. In Akhil Bhartiya Soshit KarmchariSangh V/s. Union of India
[(1996) 6 SCC 65] to which tow of us, K. Ramaswamy and G.B. Pattanaik, were
members, this Court has held that no member of the service has a vested right
to promotion or seniority but an officer has an interest in seniority acquired
by working out the rules. In Md. Shujat Ali & Ors. etc. v. Union of India & Ors. etc. [(1975) 1 SCR 449] a
Constitution Bench had held that a rule which confers a right of actual
promotion or a right to be considered for promotion is a rule prescribing
conditions of service. In Mohd. Bhakar vs. Krishna Reddy [1970 SLR 268], a
Bench of three Judges had held that any rule which affects the promotion of a
person, relates to conditions of service. In State of Mysore v. G.B. [1967
S.L.R. 753] a Bench of two Judges had held that rule which merely affects
chances of promotion cannot be regarded as varying the condition of service.
Chances of promotion are not conditions of service. In Syed Khalid Rizvi &
Ors. v.
Union of India & Ors. [1993 supp. (3)
SCC 575] to which one of us K.R.S., J. was a members, it was held in para 31
that no employer has a right to promotion; the only right is that he is
entitled to be considered for promotion according to rules. Chances of
promotion are not conditions of service which defeasible in accordance with the
rules. Thus, it is settled principle in the service jurisprudence that mere
chances of promotion are not conditions of service and a candidate appointed in
accordance with the rule and steal a march over his erstwhile seniors in the
feeder/lower cadre.
On his
having satisfactorily completed probation and declaration thereof, he is given
seniority in the higher cadre. He become a member of the higher cadre from the
date of starting discharging duty of the post to which he is promoted unless
otherwise determined in accordance with the rules. From that date, he ceases to
be a Member of the feeder cadre/grade from which he was promoted. The
hierarichal promotions to various cadres mentioned hereinabove operate in the
same manner and thereby on successive promotion to various cadres/grades,
though in the same service, on would steal a march over other, by they general
or reserved candidates.
On
promotion to the higher cadre, the reserved candidate steals a march over
general candidates and becomes a member of the service in the higher cadre or
grade earlier to the general candidates. Continuous length of service gives him
the seniority cannot get re-opened, after the general candidate gets promoted
to the higher cadre/grade, though he was erstwhile senior in the feeder
cadre/grade.
Would
a dual principle of seniority of Dalits and Tribes and general candidates is
valid and constitutionally permissible? If a positive finding in that behalf is
recorded, it would run contrary to the bed role of judicial precedents and it
would be fraught with irreconcilable incongruities in matter of integrating
employees drawn from different streams to forge into common seniority or
promoted according to rule which hitherto is well-trenched in service
jurisprudence. In State of U.P. v. Dr.
Dina Nath Shukla & Anr. [JT 1997 (2) SC 467 para 8] it was held that the
craving for equality generates clash of interest and competing claims amongst
the people, for emancipation of the Dalits and Tribes from the pangs of
absolute prohibition of legal equality under Articles 15(1) and 16(1). Under
Article 15(2) to (4) and Article 16(4) and 4(a) read with the Directive
Principles, protective discrimination has poured forth practical content,
softened the rigour of legal equality and given practical content of equality
in opportunity in favour of unequals to hold an office or post under the State
in the democratic governance. In paragraph 9, it is further stated that in a
democracy governed by rule of law every segment of the society is entitled to a
share in the governance of the country. Permanent bureaucray is a facet of our
democratic governance and an integral scheme of the Constitution. Recruitment
to a post or an office under State is governed by the Constitution, law and the
rules made under proviso to Article 309 of the Constitution or administrative
instructions in the absence of statutory rules. Protective discrimination has
been upheld by this Court which connotes mitigation of absolute equality in
order to achieve equality in result in favour of the disadvantaged segments of
the society. Appointment to an office or post gives an opportunity to have
equality of status and dignity of person. The object, thereby, is to provide
economic equality, Social equality gets realised through facilities and
opportunities given to the Dalits and Tribes to live with dignity and with
equal status in the society. Economic equality also gives socio economic
empowerment, a measure to improve excellence in every walk of life. Equal
opportunity of appointment to a post or office is available to all citizens and
legitimately and constitutionally entitles them to consider their claims for
employment/appointment to an office or post in accordance with rules. Article
335 mandates the State that in the field of competition the claims of Dalits
and Tribes shall be taken into consideration consistently with the maintenance
in appointment of promotion in favour of Dalit and Tribes is a constitutional
right under Article 16(1) and 16(4A) read with Article 46 and other related
Articles. Reservation in promotion was upheld by this Court in R.K. Sabarwal
& Ors.
v.
State of Punjab & Ors. [(1995) 2 SCC 745]. It
is well settled constitutional principal that reservation in favour of Dalits
and Tribes is in favour of the community but not to the individuals belonging
to that community, although other ultimate beneficiaries are individuals. In
Dr. Jagdish Saran & Ors v. Union of India [(1980) 2 SCC 768], it was held
that Dalits and Tribes for the purpose of admission under Article 15(4) stand
as a class. "The Constitution has assigned a special place for that factum
and the problems of inherited injustice demanding social surgery which, if
applied thoughtlessly in other situation, may by a remedy which extenuates
their malody." In other words, in social surgery of effectuating actuality
in results, reservation in favour of Dalits Tribes is a resultant surgical
remedy to the malody. In Dr. Pradeep Jain & Ors. v. Union of India &
Ors. [(1984) 3 SCC 654] which was approved in Indira Sawhney's case,
discrimination. Now the concept which takes in its sweep every process of
equalisation under the canopy of protective discrimination.
Equality
must not remain mere idle incantation but must become a vibrant living reality
for the large masses of people. In a hierarchical society with an indelible
feudal stamp and incurable actual inequality, it is absurd to suggest that
progressive measures to eliminate group disabilities and promote collective
equality are antagonistic to and anathima of equality on the ground that every
individual is entitled to equality of opportunity based purely on merit mantra
judged by the marks obtained by him. We cannot countenance such a suggestion,
for to do so would make the equality clause becomes sterile and perpetuate
existing inequalities. Equality of opportunity is not simply a matter of legal
equality. Its existence depends not merely on the absence of disabilities but
on the presence of abilities and opportunity for excellence in each
cadre/grade. Where, therefore, there is inequality, in fact, legal equality
always tends to accentuate inequality. It is, therefore, necessary to take into
account de facto inequalities which exist in the society and in order to bring
about real equality, affirmative action fills the bill and allows to give
preference to the socially and economically disadvantaged persons by inflicting
handicaps on those more advantageously placed. Such affirmative action though
apparently discriminatory, is calculated to produce equality in result on a
broader basis by eliminating de facto inequalities and placing the weaker
section of the community on a footing of equality with the stronger and more
powerful and a disadvantaged section so that each member of the community,
whatever is by his birth, occupation or social position, may enjoy equal
opportunity of using to the full, his natural endowments of physique, of
character and of intelligence. This principle was approved and reiterated by
the Constitution Bench in Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical
College & Ors.
[(1990)
3 SCC 130]. It would, thus, i.e. , a settled constitutional principle that
facilities and opportunities should be given to the Dalits and Tribes for
promotion to higher cadre or grade, gain accelerated seniority by the Dalit and
Tribes and delimit the seniority of the erstwhile general candidates in the
lower cadre or grade in accordance with the roster point. Thereby, the Dalits
and Tribes are getting and accelerated placement in the higher echelons of
cadre or grade. It is constitutionally a permissible classification bearing
reasonable nexus to the object of equality in result as component of economic
and social empowerment. It is just and reasonable procedure prescribed to
achieve the constitutional objectives of equality in result, of status and
opportunity and dignity of person to integrate them in the mainstream of the
national life, as per the arch of the Constitution, i.e., the Preamble, Article
14, 15, 16 and 46 and all other related Articles of the Constitution consistent
with the efficiency of administration envisaged under Article 335 of the
Constitution.
In
A.K. Gupta & Anr. v. State of U.P. & Ors. [1997 (3) SCALE 289 at 302
para 28] we have held that as regards the competing claims between Dalits and
Tribes on the one hand and the general candidates on the other, Article 14 and
16(1) render an balancing right to equality in result adjusting the competing
rights of all sections. In Ahmedabad St. Xaviers College Society & Anr. v.
State of Gujarat & Anr. [(1975) 1 SCR 173 at 252] a larger Bench of nine
Judges had held that to establish equality, if it would require absolute
identical treatment of both the minority and majority, that would result only
in equality in law but inequality in fact. Equality in law precludes
discrimination of any kind whereas equality in fact may involve the necessity
of differential treatment in order to attain a result which establishes an
equilibrium between different situations. This Court held that the fundamental
rights are to be construed broadly so as to enable the citizen to enjoy the
fundamental right by succeeding generations. In A.K. Gupta's case, therefore,
it was held that "to give adequate representation to the Dalits and Tribes
in all posts or classes of posts of services to make it a reality and truism,
facilities and opportunities are required to be provided to the Dalits as
enjoined in Article 38 for the purpose of achieving equality of representation
as a real content. In para 30, it was observed that in abstract application of
equality under Article 14, every citizen is treated alike without there being
any discrimination.
Thereby,
the equality, in fact, subsists. Equality prohibits the State from making
discrimination among citizen on any ground. However, inequality in fact without
differential treatment between the advantaged and disadvantaged subsists.
In
order to bridge the gap between inequality in results and equality in fact,
protective discrimination provides equality of opportunity . Those who are
unequals cannot be treated by identical standards. Equality in law certainly
would not be real equality. In the circumstances, equality of opportunity
depends not merely on the absence of disparities but on the presence of
abilities and opportunities. De jure equality must ultimately finds its raison
d'etre in de facto equality. The State must, therefore, resort to protective
discrimination of the purpose of making people, who are factually unequally,
equal in specific areas. It would, therefore, be necessary to take into account
de facto inequality in which exists the society and to take affirmative action
by giving preference and making reservation in promotion in favour of the
Dalits and Tribes or by inflicting handicaps on those more advantageously
placed, in order to bring about equality.
Such
affirmative action, though apparently discriminatory, is calculated to produce
equality in result on a broader basis by eliminating de facto inequality and
placing Dalits and Tribes on the footing of equality with non-tribal, non-
Dalit employees so as to enable them to enjoy equal opportunity in order to
unfold their full potentially.
Protective
discrimination envisaged in Article 16(4) and 16(4-A) is the armour to
establish the said equilibrium between equality in law and equality in results
as a fact to the disadvantaged. The principle of reservation in promotion
provides equality in results.
It is
true that Indra Sawhney's ratio on reservation in promotion became a torch
bearer to the general candidates but before it could become path-finder, the
Parliament enacted 77th Constitution (Amendment) Act and brought on the
Constitution Article 16(4A) as a part of the Constitutional Scheme of
reservation in promotion to a post. The legislative judgment put off the stream
generated by Indra Sawhney's case. It is constitutionally a valid principle
which was declared to be so in several judgments referred to and followed and
ultimately held as valid in A.K. Gupta's case.
Vir
Pal Singh Chauhan's case followed by Ajit Singh's case created euphoria among
general candidates that reservation in promotion, though till then had by the
Dalits and Tribes, slided back in the seniority scale to the bottom as and when
the general candidates in their own turn had got promotion to higher echelons
of service. The question is :
whether
it is really so and whether it interjected the normal service jurisprudence of
continuous officiation in a post or a cadre, unless promotion is not in
accordance with rule? In Direct Recruit Class II Engineering Officers'
Association v. State of Maharashtra & Ors. [(1990) 2 SCC 715], the
Constitution Bench had held in respect of preposition No.1 in paragraph 47 that
once an incumbent is appointed to a post according to rule, his seniority has
to be counted from the date of his confirmation. The corrolary of the above
rules is that where the initial appointment is only ad hoc and not according to
rules and is made as a stop-gap arrangement, the officiation in such post
cannot be taken into account for purpose of determination of the seniority. to
appreciate the effect and the real impact of the above two decision, it is
necessary to look into the facts therein. In Vir Pal Singh Chauhan's case the
principle consideration for promotion was seniority under the rules made by the
Railway Establishment Code. The Railway Board issued circular letter dated
August 31, 1982 which referred the word `Panel'. It was a case of pure
seniority rule.
Explaining
the meaning of the word `panel prepared by the recruiting authority and in the
absence of any specific rules as regards the nature of the effect of seniority
in the higher cadre/grade, the Bench of two Judges considered its effect and
held that the word `panel' used in that circular meant the panel prepared by
the recruiting authority at the time of initial entry into service and that the
seniority of the employees in the higher grades was also held to be determine
with reference to the placement in the initial appointment. It is settled legal
position that the ratio decidendi is based upon the facts actually decided. It
is an authority of those facts. In the light of the factual position culled out
by this Court on the panel position in the lower cadre of the general as well
as reserved candidates, this Court in Vir Pal Chauhan's case, had held that
though the Dalit and Tribes were promoted earlier to the general candidates to
a higher cadre/grade, in the absence of such a panel prepared in the promoted
cadre/grade, the panel prepared in the lower cadre remained to be operative.
Consequent, on promotion of the general candidates, the inter se seniority
vis-a-vis reserved candidates remained the same as was found in the lower
cadre. That was the real ratio in that case, on the basis of the circular
letter referred to hereinbefore. Accordingly, the said ratio, as pointed out by
the High Court, does not help the appellants-general candidates for the reason
that Rule 11 of 1974 Rules or 1980 Rules expressly occupies the field and
determines their inter se seniority in each cadre/grade with reference to the
date on which the candidates, be it reserved or general, entered into the
service in the promoted cadre/grade. Vir Pal Chauhan's case, therefore, is a
class of its own and of no assistance when the rules occupy the field governing
the seniority position in a particular manner. The Rules alone are required to
be looked into and seniority determined in accordance therewith. In fact, this
Court in Vir Pal Chauhan's case further pointed out that when reserved
candidates were promoted from the initial stage to further stage, circular
letter has no application and the seniority of the reserved candidates was
required to be determined on the basis of seniority position occupied by him in
the promoted post.
This
clearly explains that this Court did not intend to depart from the normal
service jurisprudence; nor did it intend to lay down any separate rule of
interpretation in determining inter se seniority of the reserved candidates and
the general candidates and their fusion into common seniority in the higher
echelons over the erstwhile junior reserved candidates. Equally, the ratio in
Ajit Singh's case, as rightly pointed out by the High Court, is inapplicable.
It did not lay down any separate rule in that behalf. In that case it was not
brought to the notice of this Court the existence of operation of the service
conditions and seniority rule like Rule 11 of the Rule in this case in each
grade/cadre or services in Punjab & Haryana Secretariat service or Civil
Services. On the other hand, this Court was invited to deal with the circular
letter issued by the Punjab & Haryana Government, on the subject of
reservation rules. The primary question before the Full Bench of Punjab &
Haryana High Court in Jaswant Singh v. Secretary, Govt. of Punjab & Haryana
[1990 (4) SLR 257] was whether the reserved candidates were eligible for
consideration for promotion to the general vacancies? It was held that they
were entitled. The further question was :
whether
their placement should be in the roster point reserved for Scheduled Castes and
Backward Classes, or they are required to be adjusted in the general vacancies
specified in the roster? In Sabharwal's case, the Constitution Bench upheld
that the reserved candidates are entitled to compete with the general
candidates for promotion to the general post in their own right. On their
selection, they are to be adjusted in the general post as per the roster and
the reserved candidates should be adjusted in the points ear-marked in the
roster to the reserved candidates. Since a slight deviation to that principle
was required to be considered in other cases, Ajit Singh case and other cases
were delinked. These cases were dealt with in Ajit Singh's case. Therein the
question was as to the effect of the consideration of inter se claims of
reserved candidates and general candidate to the post/vacancy available to the
general candidates. In that background, this Court considered in Ajit Singh's
case that since the reserved candidates promoted accordingly to the principal
of reservation earlier to the general candidates were not considered, the
general candidates and reserved candidates are required to the considered for
promotion to the general vacancies on the basis of erstwhile seniority.
the
inter se seniority in the lower cadre is required to be considered and to that
extend the advantage had by the reserved candidates of earlier promotion was
not relevant.
It is
also to be noted that the criteria for promotion in Ajit Singh's case was
seniority-cum-merit or merit-cum- seniority in which event the principle of
seniority also gains relevancy and is one of the factors to be taken into
consideration. It is settled legal position that if the selection is to be made
for promotion on the principle of merit and ability, the more meritorious,
though junior, steals a march over the less meritorious senior candidate, be it
general or reserved candidate. In this case H.S. Hira has stolen a march over
his senior Dalits. Where merit and ability are approximately equal, only the
seniority in the lower cadre becomes relevant. When the merit-cum-seniority or
seniority-cum-merit principle is to be applied, as stated earlier, the
seniority being a relevant factor, this Court in Ajit Singh's case has held
that the advantage of prior promotion to the reserved candidates is not
material circumstance when the general and reserved candidates together are
considered for promotion to a higher cadre/grade. The ration in Ajit Singh's
case should be understood in the above backdrop and perspective. If so
understood, this Court in Ajit Singh's case has not laid down any contra
principle to the settled legal service jurisprudence; nor it intended to cut
down the effect of the Rule in vogue for determination of the inter se
seniority in each cadre/grade in accordance with the Rules. Therefore, it is a
simplistic euphoria to think that at all events the earlier promotions had by
the reserved candidates have been slide down and put back in the vanguard of
the erstwhile seniority position in the feeder cadre/grade. If this clarity of
though is kept in fore-front, there is no occasion to adopt a mistaken
application of the principle to all facts in all circumstance. In Ajit Singh's
case, this Court did not, therefore, intend to lay down any principle contra to
the settled legal principle that continuous officiation to a promoted post in
accordance with the rules gives right to seniority. The observation of this
Court in Ajit Singh's case that any other rule of construction would be
arbitrary violating Article 14 is required to be understood in that backdrop
and context. As stated in A.K.
Gupta's
case, it was held that both general and reserved candidates being citizen of India are entitled to equality of
opportunity assured under Article 14 and 16(1). As held in Thomas v. State of
Kerala [1976 (1) SCR 906] and approved in Indra Sawhney's case, the right to
equality to the reserved candidates is a fundamental right under Article 16(1)
read with Article 14 which itself guarantees a fundamental right. After the
Constitution (77th Amendment) Act, Article 16(4-A) gives fundamental rights to
the Dalits and Tribes to promotion to a post or a service in the State, The
protective discrimination is a contour to bring about equality in results to
the Dalits and Tribes. It is a facet of equality under Article 14, 15 and 16 of
the Constitution.
Therefore,
when competing rights between general and reserved candidates require
adjudication and adjustment with the right of general candidates, the doctrine
of violation of Article 14 has no role to play since protective discrimination
itself is a facet of Article 14 and it does not again deny equality to the
reserved candidates.
Therefore,
in Ajit Singh's case when this Court had held that such a rule of reservation
would be violative of Article 14 and arbitrary, it does not appear to have meant
to destroy the protective discrimination which is a consistent thread running
through all situations when reservation was applied in favour of the reserved
candidates and the equality in results in achieved. Thus, we hod that the
euphoria had by the general candidates from the ratios in Vir Pal Chauhan's and
Ajit Singh's cases is short lived;
it
does not help in so realising the correct implications arising from the
aforesaid ratios. It is settled law that administrative instructions supplement
the law but do not supplant the law. It fills only yawning gaps. The
administrative instructions issued by the Haryana Government after Ajit Singh's
case flies in the facet of statutory Rule 11 of the rules. Therefore, it
crushes itself with the grinding teeth of the above statutory Rule 11 and the
principle. Thus considered, we hold that the view taken by the High Court in
that behalf is correct in law and is not vitiated by any infirmity in law. We
further hold that the reserved candidates became senior to the general
candidates in each successive cadre/grade from Assistant to Superintendent in
Class III Service and 5th respondent in Class I Service. Their seniority is not
and cannot have the effect of getting wiped out after the promotion of general
candidates from their respective dates of promotion. The general candidates
remain junior in higher echelons to the reserved candidates as was held by the
High Court.
That
apart, as this Court has repeatedly held, the delay disentitles the party to
the discretionary relief under Article 226 or 32 of the Constitution. It is not
necessary to reiterate all catena of precedents in this behalf. Suffice it to
state that the appellant kept sleeping over their rights for long and elected
to wake up when they had the impetus from Vir Pal Chauhan and Ajit Singh's
ratios. But Vir Pal Chauhan and Sabharwal's cases, kept at rest the promotion
already made by that date, and declared them as valid; they were limited to the
question of future promotions given by applying the rule of reservation, to all
the persons prior to the dated of judgment in Sabharwal's case, which required
to examined in the light of law laid in Sabharwal's case. Thus earlier
promotions cannot be reopened? Only those cases arising after that date would
be examined in the light of the law laid down in Sabharwal's case Vir Pal
Chauhan's case and equally Ajit Singh's case.
If the
candidate has already been further promoted to the higher echelons of service,
his seniority is not open to be reviewed. In A.B.S. Karamchari Sangh's case,
Bench of two Judge to which two of us, K. Ramaswamy and G.B. Pattanik, JJ. were
members, had reiterated the above view and it was also held that all the prior
promotions are not open judicial review. In Chander Pal & Ors. v. State of
Haryana [W.P. (C) Nos. 4715-18/93 dated December 4, 1996] a Bench of two judges
consisting of S.C. Agrawal and G.T. Nanavati, JJ.
considered
the effect of Vir Pal Chauhan's, Ajit Singh, Sabharwal and A.B.S Karmachari
Sangh's cases and held that the seniority of those respondents who had already
retired or promoted to higher posts could not be disturbed. The seniority of
the petitioner therein and the respondent who were holding the post in the same
level or in the same cadre would be adjusted keeping in view the ratio in Vir
Pal Chauhan and Ajit Singh's cases; but promotion, if any, had been given to
any of them during the pendency of this writ petition, was directed not to be
disturbed. Therein, the candidates appointed on the basis of economic
backwardness, social status or occupation etc. were eligible for appointment
against the post reserved for backward classes if their income did not exceed
Rs. 18,000/- per annum and they were given accelerated promotion on the basis
of reservation. In that backdrop, the above directions came to be issued. In
fact, it did not touch upon Article 16(4) or 16(4-A). Therefore, desperate
attempts of the appellants to re-do the seniority had by them in various
cadres/grades though in the same services according to 1974 Rules or 1980 Rule,
are not amenable to judicial review at this belated stage. The High Court,
therefore, has rightly dismissed the writ petition on the ground of delay as
well.
Thus
we hold that the decision of the High Court is not vitiated by any error of
application of wrong principle of law warranting interference.
The
appeal is accordingly dismissed but, in the circumstance, without costs.
Back
