1991 (4) TMI 438 - SC - Indian Laws

Summary

Issues Involved:
1. Inter se seniority determination between appellants and R.R. Sheoran.
2. Interpretation of service rules regarding promotions and seniority.
3. Application of relaxation of length of service for promotions.
4. Appointment to substantive cadre posts and its implications on seniority.

Summary:

Inter se Seniority Determination:
The controversy centers around the inter se seniority of the appellants and R.R. Sheoran. The Division Bench of the High Court held that R.R. Sheoran was a member of the service from the date of his initial appointment as Assistant Executive Engineer, while the appellants were not members of the service. The Supreme Court was tasked with interpreting the rules to decide the principles of seniority.

Interpretation of Service Rules:
The rules governing the service include Rule 3(1), Rule 5(1), Rule 2(12)(a), and others. The Court clarified that a direct recruit appointed to an ex-cadre post becomes a member of the service from the date of initial appointment, whereas a promotee from Class II service does not become a member until appointed substantively to a cadre post. The Court emphasized that the rules must be harmoniously construed to give effect to every part.

Application of Relaxation of Length of Service:
The Court referred to previous judgments (J.C. Yadav v. State of Haryana and K.K. Khosla v. State of Haryana) and noted that the relaxation of the length of service for promotions is settled law. The appellants, promoted by relaxing the service length, argued for seniority from their respective promotion dates. However, the Court found that the rules made a departure from normal service jurisprudence.

Appointment to Substantive Cadre Posts:
The Court held that the seniority of promotees from Class II service should be determined from the date of availability of the cadre post within their quota. The year of allotment for a direct recruit is fixed, while for promotees, it depends on the availability of cadre posts. The Court directed the Government of Haryana to determine cadre posts and inter se seniority within four months, maintaining the status quo until then.

Conclusion:
The appeal was disposed of with directions to the Government of Haryana to determine cadre posts and inter se seniority as per the rules and the law declared in this judgment. The Court emphasized the importance of adhering to the prescribed quota for promotions and the conditions for becoming a member of the service.