VidhiSangh

Supreme Court of India · 05/02/2020

D. RAGHU AND OTHERS versus R. BASAVESWARUDU AND OTHERS ETC.

[2020] 5 S.C.R. 74 · 2020 INSC 130

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Summary

The Supreme Court held that the restructured Senior Tax Assistant cadre arose on 20 January 2003, and former Grade B Data Entry Operators could count their earlier service for eligibility for Inspector promotion. Neither the former feeder categories nor the restructured cadre had an exclusive promotional right. The Court protected settled promotions against pre-7 December 2002 vacancies, directed consideration for later vacancies with specified notional benefits, and separately upheld the decision concerning UDC and Tax Assistant promotions.

Issues

  1. When the restructured Senior Tax Assistant cadre came into existence and whether earlier Data Entry Operator service counted for Inspector promotion.
  2. Whether old feeder categories enjoyed exclusive eligibility and whether completed promotions and seniority should be reopened.
  3. Whether the separate claim for UDC and Tax Assistant promotion under the earlier rules was sustainable.

Provisions considered

Held

Result

Civil Appeals 1970–1975 of 2009 disposed of with directions for consideration and seniority regarding post-7 December 2002 Inspector vacancies, including specified notional promotions and pensionary benefits. Earlier-vacancy seniority left undisturbed. Civil Appeal 1976 of 2009 dismissed. No order as to costs.

Judgment PDF: Supreme Court of India, [2020] 5 S.C.R. 74.