VidhiSangh

Supreme Court of India · 11/12/2021

THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, FOOD AND CONSUMER PROTECTION AND OTHERS versus KINGSTON DAVID

[2021] 9 S.C.R. 733 · 2021 INSC 870

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court rejected retrospective conversion of a compassionate appointment as Record Clerk into appointment as Junior Assistant. The qualified applicant had consciously accepted the available lower post and undertaken not to claim the higher post instead of waiting his seniority turn. The instruction to seek a suitable vacancy through the Collector did not authorise appointment without a vacancy. Retrospective conversion would prejudice other waiting or similarly appointed candidates. Independent promotion through the normal service channel remained unaffected.

Issues

  1. Whether an applicant who voluntarily accepted a lower compassionate post with an undertaking could demand retrospective appointment to a higher post.
  2. Whether the government instruction to seek vacancies through the Collector justified retrospective conversion.

Provisions considered

Held

Result

Appeals allowed; Division Bench judgment set aside and writ petition dismissed. Independent consideration or grant of promotion in the ordinary course expressly preserved.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 733.