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2009 (11) TMI 912 - SC - Indian Laws


Issues Involved:
1. Validity of the seniority list dated 12.7.2000.
2. Criteria for promotion under the U.P. Excise Service (Class-II) Rules, 1970 and U.P. Assistant Excise Commissioners Service Rules, 1992.
3. Impact of the interim order by the Supreme Court on promotions.
4. Equitable relief due to the interim order.
5. Determination of inter se seniority of promoted officers.

Issue-wise Detailed Analysis:

1. Validity of the Seniority List Dated 12.7.2000:
The High Court quashed the seniority list dated 12.7.2000, directing the State to prepare a fresh list placing the appellants below the respondents. The Supreme Court found that the High Court erred in its decision as it incorrectly assumed that both sets of officers were given notional promotion from the same date, which was factually incorrect. The appellants were promoted retrospectively against vacancies for the year 1994-95, while the respondents were promoted against vacancies for the years 1996 and 1997. Consequently, the seniority list dated 12.7.2000 was upheld by the Supreme Court.

2. Criteria for Promotion Under the U.P. Excise Service (Class-II) Rules, 1970 and U.P. Assistant Excise Commissioners Service Rules, 1992:
The promotions to the post of Superintendent of Excise and Assistant Excise Commissioner (AEC) were initially based on "merit" under the 1970 Rules. The 1992 Rules, amended in 1994, changed the criteria to "seniority subject to rejection of unfit." The Supreme Court held that vacancies arising before the amendment should be filled based on the unamended rules (merit), while those arising after should follow the amended rules (seniority subject to rejection of unfit).

3. Impact of the Interim Order by the Supreme Court on Promotions:
The Supreme Court's interim order allowed promotions under the amended rules but stated they were subject to the final outcome of the Special Leave Petition (SLP). When the SLP was dismissed, the State failed to revert the promoted officers, leading to a situation where promotions were made under both criteria. The Court emphasized that promotions made under the interim order should not adversely affect the appellants who were eligible under the unamended rules.

4. Equitable Relief Due to the Interim Order:
The Supreme Court highlighted the principle that no litigant should benefit from the pendency of a case. The interim order's effect must be neutralized to ensure fairness. The appellants, who were eligible for promotion under the unamended rules, should not suffer due to the delay caused by the interim order. The Court cited precedents emphasizing that any undeserved advantage gained through litigation should be neutralized.

5. Determination of Inter Se Seniority of Promoted Officers:
The Supreme Court concluded that promotions were made by two different DPCs under different rules and criteria, and with retrospective effect from different dates. The High Court's decision to fix seniority based on the feeding cadre was incorrect. The appellants were promoted against earlier vacancies and thus should be senior to the respondents. The seniority list dated 12.7.2000, reflecting this, was upheld.

Conclusion:
The appeals were allowed, the High Court's judgment and the subsequent seniority list dated 26.7.2002 were set aside, and the seniority list dated 12.7.2000 was restored. The Court reiterated that no employee can claim seniority prior to their appointment in the cadre, and equitable relief was granted to the appellants affected by the interim order. The Supreme Court appreciated the assistance of the Amicus Curiae in these cases.

 

 

 

 

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