VidhiSangh

Supreme Court of India · 06/12/2019

DHARMENDRA PRASAD & ORS. versus SUNIL KUMAR & ORS.

[2019] 14 S.C.R. 763 · 2019 INSC 1332

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Summary

The Court directed recasting of Junior Engineers’ seniority in Uttarakhand Pey Jal Nigam by merit while assigning seniority according to the applicable reservation roster. Fortuitously earlier appointment of lower-ranked candidates could not defeat the regulations requiring appointments in selection-list order. However, the existing merit-based list also failed to implement the mandatory roster. General government-servant seniority rules did not automatically govern the statutory Nigam’s employees.

Issues

  1. Whether different appointment dates within one selection displaced merit-based seniority.
  2. Whether the reservation roster or government-servant seniority rules governed preparation of the list.

Provisions considered

Held

Result

Appeals disposed of. Seniority list of 28 November 2014 and High Court order of 11 July 2018 set aside. Respondent No. 5 directed to recast seniority in merit order by assigning seniority according to the roster points in the circular dated 31 August 2001.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 763.