VidhiSangh

Supreme Court of India · 08/12/2021

AJAY KUMAR SHUKLA AND OTHERS versus ARVIND RAI AND OTHERS

[2021] 12 S.C.R. 1178 · 2021 INSC 840

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Summary

The Court restored directions to recast junior engineers’ seniority by combined merit from one selection, rather than placing engineering streams en bloc according to when their select lists arrived. The same merit rule governed direct recruits under Rules 5 and 8(2)(a). The challenge was not defeated by delay where the erroneous method became apparent only in the later final list, or by omission of every affected employee where representative respondents were joined. Participation in recruitment did not bar a later challenge to seniority. Existing promotions remained subject to the revised list.

Issues

  1. Whether direct recruits from different engineering streams selected in one process could be ranked by receipt dates of separate select lists.
  2. Whether delay, non-joinder or participation in recruitment barred the seniority challenge.

Provisions considered

Held

Result

Appeals allowed without costs; Division Bench judgment set aside and Single Judge’s order quashing the seniority lists and directing fresh rule-compliant seniority restored, with its protection of promotions subject to the revised list.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 1178.