VidhiSangh

Supreme Court of India · 26/10/2017

SUNAINA SHARMA & ORS. versus STATE OF JAMMUAND KASHMIR & ORS.

[2017] 10 S.C.R. 261 · 2017 INSC 1056

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Summary

Promotee Excise and Taxation Officers were given seniority from earlier promotional-quota vacancies although they had never worked in those higher posts before their regular promotion. The Court held that the J&K rules required both an available vacancy and actual service against the higher post. It restored the Single Judge’s decision rejecting retrospective promotion and seniority.

Issues

  1. Whether promotional-quota vacancies alone justified backdated promotion and seniority over direct recruits.

Provisions considered

Held

Result

Appeals allowed; Division Bench judgment set aside and the Single Judge’s decision rejecting the promotees’ retrospective promotion and seniority restored.

Judgment PDF: Supreme Court of India, [2017] 10 S.C.R. 261.