Direct recruitee’s entitlement to promotion is based on year of examination and not appointment – SC
Case Law Details
Case Name : Union of India Vs N.R. Parmar (supreme court of India)
Related Assessment Year :
Courts :
Supreme Court of India
SUPREME COURT OF INDIA
Union of India
versus
N.R. Parmar
CIVIL APPEAL NOS. 7514-7515 & 7516 OF 2005
AND 3876-3880 OF 2007
T.C. (C) NO. 91 OF 2006
NOVEMBER 27, 2012
JUDGMENT
Jagdish Singh Khehar, J.
The present controversy is a dispute of inter se seniority between Income Tax Inspectors of the Income Tax Department. Direct recruits and promotees are pitted on opposite sides.
2. One of the matters in hand came to be considered by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (hereinafter referred to as “the CAT, Ahmedabad”) in R.C. Yadav v. Unio...
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The Top merit direct recruit candidates will only get seniority form the year according to the number of posts announced in the Staff Selection commission notification issued but the remaining recruits will get seniority from the date of appointment in the respective department. example: SSC announced 5 posts for Incometax Inspectors in 2005 notification but CBDT has increased the posts later to 58.As per NR permar case and DoPT OM dated 3.7.1986, the 5 candidates will get seniority from the year 2005 and the remaining 53 will get seniority from the date of appointment to service in the respective department. This aspect was not clearly dealt in so far either by the courts or DoPT. Please clarify whether my opinion is correct.
The Top merit direct recruit candidates will only get seniority form the year according to the number of posts announced in the Staff Selection commission notification issued but the remaining recruits will get seniority from the date of appointment in the respective department. example: SSC announced 5 posts for Incometax Inspectors in 2005 notification but CBDT has increased the posts later to 58.As per NR permar case and DoPT OM dated 3.7.1986, the 5 candidates will get seniority from the year 2005 and the remaining 53 will get from the date of appointment to service in the respective department. This aspect was not clearly dealt in so far either by the courts or DoPT. Please clarify whether my opinion is correct.