VidhiSangh

Supreme Court of India · 03/10/2018

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH versus STATE OF PUNJAB AND ORS.

[2018] 13 S.C.R. 91 · 2018 INSC 921

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Summary

The Supreme Court resolved the 2008 Punjab Superior Judicial Service seniority dispute by applying the statutory roster across regular promotees, competitive-examination promotees and direct recruits. It rejected the conclusion that fifteen regular promotions exceeded quota or were ad hoc: prospective quota changes could not retrospectively displace officers already within their former quota. Different joining dates within the same recruitment year did not defeat roster seniority. The Court set aside the challenged list and itself fixed the final order of all thirty-five officers, preserving the approved positions within each stream.

Issues

  1. Whether the fifteen regular promotees exceeded their quota and should be treated as ad hoc and placed last.
  2. Whether the roster governed seniority across the three recruitment streams, despite differing joining dates.
  3. How absorbed Fast Track Court judges should be placed within their respective streams.
  4. Whether to remit preparation of the list or finalise seniority in the judgment.

Provisions considered

Held

Result

Appeals allowed in the terms specified: roster principle upheld; findings that regular promotees exceeded quota and must rank last set aside; challenged seniority list replaced by the Court’s final roster-based list of thirty-five 2008 recruits. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 91.