Summary
The Court clarified that fortuitous circle postings should not enable members of the same service to gain accelerated promotion and overtake seniors in higher posts. Because the parties could not establish the applicable selection and seniority rules for Foresters, Deputy Rangers and Rangers, it set aside the High Court judgment and remitted the dispute for fresh consideration.
Issues
- Whether fortuitous circle-based promotions could alter seniority in higher posts of the same service.
- Whether the record permitted final determination of the disputed seniority.
Held
- On the pure legal issue, accelerated promotion attributable merely to fortuitous postings in a particular circle could not enable members of the same service to overtake their seniors in higher posts. (¶ 9)
- The applicable rules governing recruitment and seniority had not been adequately explained. The Court therefore remitted the matter rather than finally approving the Tribunal’s proposed seniority arrangement. (¶ 8–11)
Result
High Court judgment set aside; matter remitted for fresh consideration, preferably within six months. Appeals disposed of without costs.