VidhiSangh

Supreme Court of India · 25/09/2018

COAL INDIA LTD. & ANR. versus NAVIN KUMAR SINGH

[2018] 11 S.C.R. 470 · 2018 INSC 864

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Summary

The Supreme Court dismissed Coal India’s appeals and upheld the employee’s notional promotion to E-3 Grade from 12 November 1993. An inter-company transfer at his own request caused loss of seniority in the new company, but did not erase his earlier regular service in E-2 Grade for determining promotion eligibility. Seniority and qualifying service were distinct. Neither the transfer policy nor the clarificatory memorandum required forfeiture of that service; his being the first person in the new company’s grade did not justify denying the benefit.

Issues

  1. Whether loss of seniority on a requested inter-company transfer also excluded earlier regular service from promotion eligibility.
  2. Whether the 5 June 1985 memorandum barred counting that service when no employee stood above the transferee in the new company’s grade.

Provisions considered

Held

Result

Appeals dismissed without costs. High Court direction assigning notional E-3 promotion from 12 November 1993 upheld.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 470.