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Lalji Dubey and Others Vs. Union of India and Others - Court Judgment

LegalCrystal Citation
SubjectService;Labour and Industrial
CourtSupreme Court of India
Decided On
Case NumberWrit Petition No. 1593 of 1979
Judge
Reported in(1983)1SCC524
AppellantLalji Dubey and Others
RespondentUnion of India and Others
DispositionWrit petition disposed
Excerpt:
- [ r.b. mishra,; v. balakrishana eradi and; y.v. chandrachud, jj.] -- labour and services — seniority and promotion — criterion for promotion in ministerial cadres — seniority-cum-fitness to be the criterion for considering promotion from ldc (those already redesignated as such) to udc — but suitability to be the main criterion for deciding promotion to the selection post of office superintendent -- we direct that the cases of such of the petitioners who have already been redesignated as lower division clerks will be considered for appointment as upper division clerks and such appointments shall be effective from the date on which they are held to be entitled to be appointed as upper division clerks......who have already been redesignated as lower division clerks will be considered for appointment as upper division clerks and such appointments shall be effective from the date on which they are held to be entitled to be appointed as upper division clerks. in considering the cases of the petitioners for appointment to the promotion post of upper division clerks, the test which has to be applied according to the rules is the test of seniority-cum-fitness.2. insofar as the promotion to the post of office superintendent is concerned, that being a selection post, the concerned authorities shall have to decide in each individual case as to the date from which such promotion shall take place, keeping in view the suitability of the incumbent for that post.3. the petitioners will be entitled to.....
Judgment:

R.B. Mishra,; V. Balakrishana Eradi and; Y.V. Chandrachud, JJ.

1. We direct that the cases of such of the petitioners who have already been redesignated as Lower Division Clerks will be considered for appointment as Upper Division Clerks and such appointments shall be effective from the date on which they are held to be entitled to be appointed as Upper Division Clerks. In considering the cases of the petitioners for appointment to the promotion post of Upper Division Clerks, the test which has to be applied according to the rules is the test of seniority-cum-fitness.

2. Insofar as the promotion to the post of Office Superintendent is concerned, that being a selection post, the concerned authorities shall have to decide in each individual case as to the date from which such promotion shall take place, keeping in view the suitability of the incumbent for that post.

3. The petitioners will be entitled to all the consequential monetary benefits from the date with effect from which they are promoted as Upper Division Clerks or as Office Superintendents, as the case may be.

4. The writ petition will stand disposed of in terms of this order.


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