D.K. SAHNI versus MANAGING DIRECTOR, MANGANESE ORE INDIA LTD. AND ORS.

Citation: [1992] 3 S.C.R. 800 · Decided: 12-08-1992 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Disposed off

Judgment (excerpt)

} 
A 
D.K. SAHNI 
v. 
~-
MANAGING DIRECTOR, MANGANESE ORE INDIA; LTD. 
AND ORS. 
B 
AUGUST 12, 1992 
[A.M. AHMADI AND K. JAYACHANDRA REDDY, JJ.) 
Manganese Ore (India) Recmitment and Promotion Rules,: 1977: 
~ 
c 
Rules 4 and 7~ining Engineering Cadre--Promotion to the post of 
Chief Mining Engineef'-Eligibility criteria-Qualifications pre~cribed for 
direct recmitment applicable, failing which double the experience ~pecified to 
--
be fulfilled-Chief Mining Engineer not satisfying the requirement prior to 
promotion, but becoming eligible on modification of the relevant entry in the 
D 
Rules-Whether should be reverted-Whether should seek re-entry into the 
A 
cadre of Chief Engineer on the acquisition of eligibility on modification of 
the relevant entry in the Rules. 
The appellant joined the respondent-company in 1966 as Assistant 
Mining Manager and rose to the position of Chief Mining Engineer in 
E 
1980. Subsequently, pursuant to the selection made by the Departmental 
Promotion Committee, after interviewing the Chief Mining Engineers, the 
appellant who ranked fifth in seniority, was promoted as Deputy General 
--(, 
Manager, in preference to his seniors. 
The superseded officers represented to the authorities that since the 
F 
appellant did not possess the requisite educational qualifications 
prescribed for appointment as Chief Mining Engineer he could not be 
promoted to the next higher post of Deputy General Manager. The reprc· 
sentation was rejected on the ground that the post of Deputy General 
~ 
Manager, being an ex-cadre post, the question of the appellant possessing 
G the requisite qualifications did not arise. Thereupon, one of the super-
seded officers filed a· writ petition before the High Court challenging the 
appellant's appointment. 
During the pendency of the petition the company decided to re-
r 
structure the Personnel and Technical Department and on the basis of the 
H recommendations of a sub-committee, the appellant was appointed as 
800 
-
-
J 
D.K SAHNI v. M.D. MANGANESE ORE 
~01 
General Manager (T). 
A 
Thereafter, the High Court allowed the Writ Petition filed by one of 
the superseded Chief Mining Engineers, holding that the post of Chief 
Mining Engineer was a promotional post and since the appellant did not 
possess the educational qualifications prescribed for the post or Chief' B 
Mining Engineer, his entry into that cadre was not legal and consequently, 
his further promotion to the post of Deputy General Manager and later 
as General Manager (T) were legally unsustainable. Accordingly, it 
quashed the appointment of the appellant as Deputy General Manager 
and also General Manager (T) and directed the authorities to pursue a 
fresh process of selection in accordance with the rules framed on 6/12th C 
October, 1983. 
In the appeal before this Court on behalf of the appellant it was' 
contended that under Rule 7 of the Recruitment and Promotion Rules,', 
1977 it had been made clear that the educational qualification would not , D 
be insisted upon in deciding the promotion of a departmental eandidate, , 
that according to the said rule, the appellant was only required to show , 
that he had the requisite experience for entry by promotion into the higher . 
post, and so when the appellant was promoted as Chief Mining Engineer ' 
he was merely required to possess the requisite qualification for qualified ' 
candidates and nothing more and, similarly, for entry to the cadre of ' E 
Deputy General Manger also he had merely to show that he had satisfied 
the experience criterion and was not required to show that he possessed 
the educational qualification prescribed for direct recruitml'nt, that by 
subsequent office orders dated 22nd January 1982 and 1/12th October, 
198.'J certain modifications were made in the Annexure to the Recruitment F 
and Promotion Rules, 1977 pertaining to the qualifications and experience 
-'r_. 
in respect of the posts of Chief Mining Engineer (Production/Planning) 
and Deputy General Manager (T), that once the appellant was shown to 
possess the first class Mine Manager's Certificate and the prescribed 
experience be was eligible to be considered. for promotion as Deputy G 
General Manager rqardless of Whether-or not he held the position of 
Chief Mining Ellgineer and that in any case the appellant could not be 
asked to revert since be had held the post since quite some time, that since 
the appellant had secured the First Class Mine Manager's Cer

Excerpt shown. Read the full judgment & AI analysis in Lexace.