Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising out of Special Leave to Appeal (C) No. 27603/2019)
SMT. IMLIKOKLA LONGCHAR & ORS. …. APPELLANT(S)
VERSUS
THE STATE OF NAGALAND & ORS. …. RESPONDENT(S)
J U D G M E N T
ANIRUDDHA BOSE, J.
Leave granted.
2. The origin of the controversy giving rise to the present appeal goes
back to the year 2007 and there have been several rounds of litigations
over the issue which we shall briefly narrate in the subsequent
paragraphs of this judgment. The contesting parties in this appeal are
the appellants and the respondent no.4 (Keruupfeu – “K”). The
educational authorities of the State of Nagaland, who are also
respondents in this appeal are supporting the appellants. The dispute is
on the question of seniority the appellants and K in the cadre of senior
Signature Not Verified
Digitally signed by
BABITA PANDEY
Date: 2022.10.11
18:13:38 IST
Reason:
lecturer under the State Council of Educational Research and Training
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Service (SCERT), Department of Education, Government of Nagaland.
The appellants are collectively seeking seniority over K.
3. We are giving below a table showing the career graph of K and the
four appellants (henceforth referred to as A1, A2, A3 and A4 respectively
in descending order from the table) in their respective cadres:
| Name | Parties | Date of<br>Appointment | Date of<br>Regularisation<br>as Lecturers/Senior<br>Lecturer | Date of<br>Temporary<br>Promotion as<br>Senior Lecturer | Date of<br>Regularisation<br>as Senior<br>Lecturer |
|---|---|---|---|---|---|
| Smt.<br>Imlikokla<br>Longchar | Appellant<br>no.1 | 30.10.1992<br>Lecturer on<br>contract | 28.03.2001 with effect<br>from 15.01.2001<br>regularised as lecturer | 20.11.2003 with<br>effect from<br>14.11.2003 | 08.11.2007<br>with effect<br>from<br>14.11.2003 |
| Smt Atula<br>Aier | Appellant<br>no.2 | 30.10.1992<br>Lecturer on<br>contract | 28.03.2001 with effect<br>from 15.01.2001<br>regularised as lecturer | 20.11.2003 with<br>effect from<br>14.11.2003 | 08.11.2007<br>with effect<br>from<br>14.11.2003 |
| Shri<br>Limatoshi | Appellant<br>no.3 | 18.02.1993<br>Lecturer on<br>contract | 28.03.2001 with effect<br>from 15.01.2001<br>regularised as a<br>lecturer | 20.11.2003 with<br>effect from<br>20.01.2001 | 08.11.2007<br>with effect<br>from<br>20.01.2001 |
| Smt Alemla<br>Jamir | Appellant<br>no.4 | 31.03.1993<br>Lecturer on<br>contract | 28.03.2001 with effect<br>from 15.01.2001<br>regularised as lecturer | 20.11.2003 with<br>effect from<br>20.01.2001 | 08.11.2007<br>with effect<br>from<br>20.01.2001 |
| Smt<br>Keruupfeu | Respondent<br>no.4 | 30.03.1993<br>Senior Lecturer<br>on contract | March 2005 with<br>effect from<br>16.01.2004<br>regularised as Sr<br>lecturer | Was appointed in<br>this post on<br>contract | _ |
st
4. Draft seniority list as on 1 July 2006 was circulated by the
authorities in which the K was shown below the appellants. K’s
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objection to this seniority list was mainly on the point that the
appellants could not be positioned above her as the dates of entry of the
appellants into the cadre of senior lecturer was subsequent to her entry
into the said cadre. The appellants initially came to be senior lecturer
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on the basis of their officiating promotions on 20 November 2003 with
th th
effect from 14 November 2003 (for A1 and A2) and 20 January 2001
(for A3 and A4) whereas K’s regularisation in the post in question was
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with effect from 16 January 2004. K’s regular promotion in that cadre
was before the actual dates of regularisation of the appellants in the
subject post. The appellants’ regularisation in the said posts was made
in the year 2007, with earlier effect as would be evident from the above
referred table. K’s representation was rejected and final seniority list
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was published on 17 November 2006 in terms of the draft list. As per a
Cabinet Memorandum no. EDS/SCERT15/2004 (“Memorandum”)
issued in the month of March 2005, regularisation recommendation of
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K was made with effect from 16 January 2004 as she had completed
more than ten years’ service in the department. This appears to have
had been subsequently approved and notified. We also find from this
Memorandum that she was recommended for regularisation on the
basis of a suitability test. The said Memorandum, interalia, carried the
following stipulation:
“4(2). There are some regular lecturers who were given
officiating promotions to the posts of Sr. Lecturers subject
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to regularization by the DPC. This group of officers would
be senior to those of contract appointees and
deputationists.”
(quoted verbatim from the paperbook)
5. The Nagaland State Council on Educational Training Service Rules,
2003 (“2003 Rules”) was made under the provisions of Article 309 of the
th
Constitution of India and these Rules became operative from 30 April
2007. Rule 3 thereof reads:
“3. CONSTITUTION OF SERVICE
The service shall consist of the following persons namely:
(i) Persons who, at the commencement of these rules
are holding substantively the posts specified in ScheduleI.
(ii) Persons recruited to this service before the
commencement of these rules.
(iii) Persons recruited to this service in accordance with
provisions of these rules.”
Schedule II to these Rules carry the requirements pertaining to various
posts within the said service. Eligibility conditions for the post of senior
lecturer appear in Serial 4 thereof. It is recorded in the said Schedule:
SCHEDULEII
(See Rule3)
The Nagaland State Council of Educational Research & Training
| Sl.<br>No. | Designation<br>of posts | Percentage of post(s) to<br>be filled up | Required<br>Educational<br>Qualification | Remarks | |
|---|---|---|---|---|---|
| Departmenta<br>l promotion | Direct<br>recruit<br>through<br>NPSC | ||||
| 1 | 2 | 3 | 4 | 5 | 6 |
| 1 | Director | 100% | X | M.A./M.Sc./<br>M.Com with<br>B.Ed or<br>equivalent<br>professional<br>course not | The post of Director will be filled up<br>by promotion from amongst the<br>confirmed Additional Directors who<br>had rendered not less than 2(two)<br>years in the cadre. The selection<br>shall on merit cum seniority |
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| less than 9<br>months. | |||||
|---|---|---|---|---|---|
| 2 | Joint<br>Director | 100% | X | M.A./M.Sc./<br>M.Com with<br>B.Ed or<br>equivalent<br>professional<br>course not<br>less than 9<br>months. | The post of Joint Director will be<br>filled up by promotion from<br>amongst the confirmed Deputy<br>Directors/Senior Academic<br>Officers/Principals DIETs who has<br>completed 5 years in the cadre on<br>the basis of merit cum seniority. |
| 3 | Deputy<br>Director/Sr<br>. Academic<br>Officer/<br>Principal<br>DIETs | 100% | X | M.A./M.Sc./<br>M.Com with<br>B.Ed or<br>equivalent | The post shall be filled up from<br>amongst the confirmed Readers<br>Vocational Guidance and<br>Counseling Officer/Project<br>Coordinator/Senior Lecturers<br>DIETs who have at least completed<br>5 years of continuous service in the<br>cadre. |
| 4 | Readers/<br>Sr.<br>Lecturer/<br>Research<br>Officer/<br>Vocational<br>Guidance<br>and<br>Counsellin<br>g Officer<br>Consultant | 75% | 25% | M.A./M.Sc./<br>M.Com with<br>B.Ed | on the basis of merit cum<br>seniority.<br>(a) 75% of the post of<br>Reader/Senior<br>Lecturer/Research Officer/<br>Vocational Guidance and<br>Conselling Officer fallen vacant<br>in a calendar year shall be filled<br>on promotion from amongst the<br>serving candidates who have<br>rendered continuous service of<br>5(five) years in the grade of<br>Research Associate/ Assistant<br>Planning Officer/ Assistant<br>Project Officer/ Lecturers in<br>DIETs.<br>(b) 25% of the vacant post falling<br>in a calendar year shall be filled<br>up by direct recruit through<br>NPSC. |
| 5 | Research<br>Associate/<br>Assistant<br>Project<br>Officer/<br>Assistant<br>Planning<br>Officer/<br>Lecturer<br>DIET | 75% | 25% | M.A./M.Sc./<br>M.Com with<br>B.Ed | (a) 75% of vacant post fallen vacant<br>in a calendar year shall be filled by<br>promotion from the serving<br>confirmed TRAs/Trainer in Fine<br>Arts who has already completed<br>atleast 7(seven) years in the grade<br>on the basis of merit cum seniority.<br>(b) 25% of the vacant post shall be<br>filled up by open competition<br>through NPSC. |
| 6 | Training<br>cum<br>Research<br>Assistant/<br>Trainer in<br>Fine<br>Arts/Work<br>Experience<br>Teacher | X | 100% | M.A./M.Sc./<br>M.Com with<br>B.Ed | 100% of the post fallen in a<br>calendar year will be filled by open<br>competition through NPSC. |
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6. The said Rules however were not operational when regularisation of
K took place in the post of senior lecturer. On the other hand, the
appellants’ regularisation as senior lecturer came after the 2003 Rules
th
had come into existence on 30 April 2007. Learned counsel for the
appellants had argued that when K joined as senior lecturer, she did
not have B.Ed degree. It is not in dispute that before her regularisation,
she had obtained the B.Ed. degree. That factor, in any event, is not of
much relevance so far as the present proceeding is concerned as
nothing has been shown to us to demonstrate that she had any
eligibility deficiency on account of not having B.Ed. degree at the time
she was inducted in the post of senior lecturer on contractual basis. In
any event, her eligibility to be a senior lecturer is not directly in issue in
this appeal.
Consistent stand of the Departmental Promotion Committee (“DPC”)
7.
from the year 2007 has been that the seniority position of the
appellants ought to be computed taking into account the period they
were officiating in the posts of senior lecturer, which were prior to the
date of regularisation of K in the same post. In support of this
argument, clause 4.2 of the Memorandum referred to in the earlier part
of this judgment has been relied on by the appellants as also the State.
This was also the view of the DPC and was confirmed in their meeting
nd
held on 2 November 2015. There are authorities which calls for limited
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interference by judicial review with regard to recommendations of the
DPC. This has been held so by this Court in the cases of Union Public
Service Commission vs. L.P. Tiwari and Others [(2006) 12 SCC 317]
and Union of India & Another vs. S.K. Goel and Others [(2007) 14
SCC 641]. But the principle of noninterference is not absolute. In
exceptional cases, judicial intervention becomes inevitable, as held in
the case of Badrinath vs. Government of Tamil Nadu and Others
[(2000) 8 SCC 395].
8. The point of taking off, so far as the proceedings giving rise to this
appeal is concerned, is two Writ Petitions filed by K in the Gauhati High
Court. These were registered as W.P (C) No. 169 (K) of 2016 and W.P (C)
No. 231(K) of 2015. We are avoiding reference to rounds of litigations
earlier as those cases do not have direct bearing on the dispute which
we are to adjudicate on in this appeal. In these Writ Petitions, K had
challenged the DPC proceedings and she also prayed for reconvening of
DPC for the purpose of reconsidering the recommendation for
regularisation of the four appellants in terms of the 2003 Rules. K had
also assailed the promotion of the four appellants in the posts of senior
lecturer. Her main contention was that their adhoc period in the feeder
cadre could not be counted for the purpose of eligibility for promotions.
This was the third round of litigations touching upon the same
9.
controversy. The first set was a writ petition filed by K, being W.P. (C)
7
No.173(K) of 2007. This writ petition was dismissed on technical
ground. It appears that another Writ petition [W.P. (C) No.284(K) of
2007] was also instituted by K questioning regularisation of the
appellants as senior lecturer. The second writ petition was also
dismissed. K had carried both the orders of dismissal to the Appellate
Bench. K, however, was partially successful in the second round of
litigation initiated by writ petition registered as W.P (C) No. 126(K) of
2014. In this writ petition, she had asked for invalidation of the
rd
recommendation of the DPC in their meeting held on 3 March 2014. In
th
this meeting, the DPC had reaffirmed their recommendation made on 4
October 2007 seeking to regularise the service of the appellants in the
posts of senior lecturer from different dates prior to the date on which
service of K was regularised in the same post. That was accepted by the
State Government. The High Court essentially remanded the matter to
the DPC by setting aside their order holding that the DPC
recommendation did not reflect consideration of the 2003 Rules.
Following the direction contained in the aforesaid judgment, a fresh
nd
DPC meeting was held on 2 November 2015 to which we have already
referred. This meeting was held mainly to review the decisions of the
th rd
DPC taken in their meetings on 4 October 2007 and 3 March 2014,
which were set aside by the High Court. But the DPC essentially
retained their earlier decision concerning seniority list giving its own
explanation of there being compliance of the 2003 Rules.
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10. In the appeals arising out of W.P. (C) No. 173(K) of 2007 and W.P.
(C) No. 284 (K) of 2007, a Division Bench of the High Court in a
th
common judgment delivered on 14 September 2012, interalia, held:
“20.We have considered the reason as assigned by the
learned Single Judge but unfortunately we cannot agree to
such proposition of law. It is well settled that the
recommendation of the D.P.C. is not binding upon even on
the appointing authority. It is merely recommendation and
the appointing authority has ot examine the
recommendation whether those were appropriate or not.
The recommendation is an opinion of the expert for
consideration of the appointing authority. The appointing
authority thought it appropriate to reconvene the D.P.C. for
arriving at a decision. It appears from the D.P.C. minutes
that there was no consideration of the Nagaland State
Council of Educational Research and Training Services
Rules as was given effect form 30.04.2007 and hence the
D.P.C. in all the cases made recommendation without
relevant consideration of the said rules, and their
consequences for far regularization of the Sr. Lecturer was
concerned and treaded a wrong premise. The D.P.C. did
not look into the matter whether the private respondents
have completed the required continuous qualifying service
of 5 years in the feeder grade or not. Apart that, the law is
well settled that the executive is well within its jurisdiction
to reconvene to D.P.C. but while operating any
regularization retrospectively it has to take care that no
prejudice is caused to the incumbent already in the cadre.
Moreover, being in the grade on regular appointment.
Unless the qualifying service as prescribed is complete in
the grade, there cannot by any lawful consideration.
21. Be that as it may in this case, the question that has
been taken for consideration by this Court is confined to
whether the Staterespondents No. 1 and 2 have acted in
accordance with the provision of law while accepting the
recommendation of the D.P.C. The answer is bound to in
the negative. The relevant provision as to the qualifying
service as appearing in the Nagaland State Council of
Educational Research and Training Services Rules, 2003,
as given effect from 30.04.2007, was not at all considered
by the D.P.C. while making recommendations for
regularization in the post of Sr. Lecture and as such both
the recommendations of the D.P.C. as well as the
notification, consequent thereupon, dated 08.11.2007
(AnnexureC to the Affidavit in opposition filed by the
respondent No. 1.) stand quashed.
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22. This Court would not interfere with that part of the
notification whereby the private respondents have been
appointed in the cadre of Lecturer. This order has to be
confined for the cadre for the Sr. Lecturer only. As
consequential thereof, the respondents No. 1 and 2 are
directed to take immediate steps for reconvening of the
D.P.C. for purpose of fresh recommendation for
regularization of the private respondents in the post of Sr.
Lecturer on strict observance of the rules: as provided in
the schedule appended to the said Rules, 2003 (effective
from 30.04.2007) and thereafter to issue the appropriate
order of promotion in the post of the Sr. Lecturer.
23. As corollary to this, the impugned seniority list is also
struck down. The seniority position can only be settled
after the reconvening of the D.P.C. for promotion to the post
of Sr. Lecturer in terms of the provisions of the Nagaland
State Council of Educational Research and Training
Services Rules, 2003.
24. It is made clear that the private respondents who are
now occupying the post of Principal of DIETs on officiating
basis would be allowed to continue in their positions but
that shall remain subject to the outcome of the
recommendation of the D.P.C. and the consequential
orders of promotion as would be made by the respondents
No. 1 and 2.”
(quoted verbatim from the
paperbook)
11. In the two writ petitions registered as W.P.(C) No. 231 (K) of
2015 and W.P. (C) 169 (K) of 2016, K had sought to quash the fresh
nd
DPC recommendations coming from the meeting held on 2 November
2015. The earlier seniority position of K was retained by the DPC in
their recommendation made in this meeting. The Single Judge allowed
the writ petitions against which the appellants appealed before the
Division Bench. The Division Bench dismissed the appeals, holding:
“34. It is reiterated, at the cost of repetition, that the
Division Bench had, in clear terms, directed the State
respondent nos. 1 and 2 to take immediate steps for
reconvening of the DPC for the purpose of fresh
recommendation for regularisation of the appellants in the
10
post of Senior Lecturer in strict observance of the rules, as
provided in the Schedule appended to the NSCERT,
Service Rules, 2003, and thereafter, to issue appropriate
order of promotion in the post of Senior Lecturer. After
noticing the provisions in the NSCERT Service Rules, 2003,
the Division Bench had observed that continuous
qualifying service of 5 (five) years in the feeder grade of
Lecturer is an essential requirement for the purpose of
promotion to the post of Senior Lecturer. It was in that
context the Division Bench had observed that the DPC
when it held its meeting on 04.10.2007, did not take into
consideration the NSCERT Service Rules, 2003 which had
come into effect in the meantime from 30.04.2007, as
consideration of the said Rules was relevant so far as
regularisation of the appellants in the cadre of Senior
Lecturer. The Division Bench had further observed that
while operating any regularization retrospectively, care
has to be taken that no prejudice is caused to the
incumbent already in the cadre. Though the Division
Bench had not indicated in express terms about the
incumbent stated to be already in the cadre but it had
impliedly referred to the respondent no.4 as the incumbent
already in the cadre and directed the State respondents
not to cause any prejudice to the said incumbent. As
already noted above, the Division Bench had considered
the status of the respondent no. 4 in the post of Senior
Lecturer and did not observe any irregularity in the matter
of regularisation of service of the respondent no. 4 in the
post of Senior Lecturer w.e.f. 16.01.2004. In view of such
settled position, it is no longer open for the appellants to
attempt any other interpretation. The said position had
been reiterated by the learned Single Judge in the
judgment and order dated 03.08.2015 when the DPC held
on 03.03.2014 reiterated its earlier decision taken in the
DPC meeting held on 04.10.2007, by setting aside the said
Minutes dated 03.03.2014. The said position was
accepted by the present appellants and the State
respondents as they had never assailed the same. The
contention raised by the present appellants and the State
respondents to the effect that the NSCERT Service Rules,
2003 were not in force in the year 2007 when the
promotions were given to the appellants, was negated by
the learned Single Judge in W.P.(C) No. 126(K)/2014. The
learned Single Judge in its judgment and order dated
03.08.2015, had set aside the impugned recommendation
of the DPC dated 03.03.2014 with the direction to hold the
DPC afresh in accordance with the direction given by the
Division Bench on 14.09.2012.
35. The contention raised in support of the decisions taken
in the meeting of the DPC held on 02.11.2015 is not
11
acceptable in view of the authoritative pronouncement of
the Division Bench in its order dated 14.09.2012. The DPC
cannot overrule what had been pronounced by the Division
Bench and reiterated by the Single Judge of this Court, as
mentioned above, and the DPC cannot reinterpret the
position what has already been settled. Thus, the learned
Single Judge after due consideration of the matter in its
entirety, is absolutely justified in W.P. (C) No. 231(K)/2015
in setting aside the proceedings of the DPC held on
02.11.2015 by holding that the same were in clear
infraction of the judgment and order dated l4.09.2012
passed in W.A. No. 20(K)/2011 and W.A. No. 21(K)/2011,
as has been quoted above.”
(quoted verbatim from the paperbook)
12. The facts which emerge from the sets of events determining
seniority positions of the appellants and K in the subject posts are that
at the time of regularisation of K, the 2003 Rules was not in existence.
So far as the appellants are concerned, their regularisation in the posts
th
in which they were officiating was effected on 8 November 2007. By
that time the 2003 Rules had become operational. Once the said Rules
became operational, the requirement of five year service in the feeder
grade also become applicable to be eligible for promotion in the next
higher grade. Our attention had been drawn to Clause 4.2 of the
Memorandum issued in the month of March 2005 through which K was
regularised in the post of senior lecturer to contend that K could not
object to the appellants being made senior. We shall deal with this
aspect of the appellants’ case in the next paragraph of this Judgment.
The general principle of service jurisprudence is that the time spent in
the immediate superior grade on stopgap or adhoc basis ought not to
12
be computed for determining the length of service of an incumbent in
that cadre. This is of course, subject to any contrary provision made in
the applicable Rules itself. But no such contrary provision has been
shown to us at the time of hearing of this appeal on behalf of the
appellants or the State. Thus, computation of the appellants’ period of
service in the feeder grade can take place only from the date of their
regular appointment in that cadre. This view has been taken by the
Constitution Bench of this Court in the case of
Direct Recruit Class II
Engineering Officers’ Association vs. State of Maharashtra & Others
[(1990) 2 SCC 715],
Swapan Kumar Pal and Others vs. Samitabhar
[(2001) 5 SCC 581],
Chakraborty and Others State of Rajasthan and
[(2009) 12 SCC 49],
Others vs. Jagdish Narain Chaturvedi Amarjeet
[(2010) 1 SCC 417], and
Singh and Others vs. Devi Ratan and Others
[(2021)
Malook Singh and Others vs. State of Punjab and Others
SCC OnLine SC 876].
At the time the appellants were regularised with retrospective
13.
effect, the 2003 Rules had come into existence. Thus, the requirement
of the Schedule to the said Rules framed under Article 309 of the
Constitution of India could not be overridden by a clause contained in
the Memorandum promoting K. On the other hand, the 2003 Rules
ought to supersede any contrary provision that may be contained in an
earlier legal instrument. The appellants cannot claim any vested legal
13
right on the basis of certain conditions contained in K’s promotional
recommendation.
14. The appellants had entered the service as lecturer on
contractual basis in the year 199293 around the same time K had
joined as senior lecturer, also on contract basis. For the purpose of
determining the length of service in the feeder posts as contained in
Schedule II of the 2003 Rules, the time spent on contractual basis
cannot be factored in. If that yardstick is applied, then K’s case for
seniority in the grade of senior lecturer will have to be computed from
the year 1993 only. Even if we proceed on the basis that the
retrospective effect given to regularisation of the appellants in the post
th
of lecturer is valid, then also, 15 January 2001 becomes the starting
point for calculating five years of service length in the feeder cadre. They
were given promotion on officiating basis as senior lecturers with effect
th th
from 14 November 2003 (for A1 and A2) and 20 January 2001 (for A3
and A4). Thus, the requisite five year period could not have been
completed by any of them if the retroactivity of their regularisation order
in the post of senior lecturer is to be accepted. The period spent in a
promotional post on officiating basis cannot be permitted to be factored
in for calculating length of service in a particular post. Unless the Rules
otherwise provide, officiation in a particular post cannot encadre the
incumbent in that post. We have already referred to different authorities
14
laying down this proposition of law earlier in this judgment. Birth in the
cadre takes place only upon regularisation in a grade and there is no
provision in the 2003 Rules which prescribes encadering a person in
the post of senior lecturer during the period such person officiates in
the said post. So far as length of service in feeder post is concerned,
that also has to exclude the contractual period during which the
appellants served as lecturers, once we apply this principle.
15. The appellants had no doubt completed three years of service
th
in the feeder grade on operationalisation of 2003 Rules on 30 April
2007. But so far, the said Rules seek to give them regularisation in the
cadre of senior lecturer with effect from 2003 and 2001 respectively,
their service in the feeder grade do not meet the required stipulation of
five year period. Judgment of a Coordinate Bench in the case of
Girish
[(2019) 6 SCC 647],
Kumar vs. State of Maharashtra and Others
construed the term ‘continuous service’ in relation to the specific rules
this Court was dealing with in that case. So far as the present appeal is
concerned, the ratio of this judgment would not be applicable because
the appellants here did not fulfil the eligibility requirement for being
promoted to the post of senior lecturer. If retroactivity of order is given
effect to for calculating the officiating period, as we have already
observed, time spent as officiating senior lecturer could not be deemed
to be the dates of their birth in the cadre of senior lecturer. In Girish
15
Kumar (supra), it has also been held that such interpretation shall not
be applicable while considering eligibility criteria. In the present appeal,
one of the eligibility criterion is five years continuous service in the
feeder post. We cannot ignore this factor and proceed on the basis as if
the term continuous service is being construed only for determining
interse seniority in the promotional post. We are testing here if the
appellants’ entry in the promotional cadre was as per the eligibility
criteria or not. In our opinion, it was not. To hold otherwise would
require entire stretch of K’s service in the post of senior lecturer since
1993 to be taken into account for determining the interse seniority
among the appellants and K.
16. For these reasons we do not wish to interfere with the
judgment under appeal. The authorities to take steps on the basis of
seniority positions of the appellants and the respondent no. 4 in terms
of this judgment. The appeal is dismissed.
Pending application(s), if any, shall stand disposed of.
17.
There shall be no order as to costs.
18.
.…………………….…………J.
(DINESH MAHESHWARI)
……………………….…….J.
(ANIRUDDHA BOSE)
NEW DELHI;
OCTOBER 11 2022.
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