HARIHARAN & ORS. versus HARSH VARDHAN SINGH RAO & ORS

Citation: [2022] 9 S.C.R. 944 · Decided: 14-12-2022 · Supreme Court of India · Bench: S. ABDUL NAZEER · Disposal: Directions issued
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 9 S.C.R.
   [2022] 9 S.C.R. 944
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HARIHARAN & ORS.
v.
HARSH VARDHAN SINGH RAO & ORS.
(Civil Appeal No. 9228 of 2022)
December 14, 2022
[S. ABDUL NAZEER AND ABHAY S. OKA, JJ.]
Service Law: Seniority – On 7 September 2016, a modified
seniority list of the Income Tax Inspectors in the cadre of the Gujarat
region was issued – In the said list, the direct recruits of CGLE
2010 were interspaced with promotees of the year 2009-2010 – On
the basis of clarification issued by CBDT, a revised seniority list
dated 13 February 2018 was published – Direct recruits appointed
against vacancies of the year 2009-2010 were interspaced with the
promotees of the recruitment year 2010-2011 – Respondents nos.1
to 18, the direct recruits, filed writ petition before the High Court
for challenging seniority list dated 13 February 2018 – By impugned
judgment, seniority list dated 13 February 2018 was quashed and
the seniority list of 7 September 2016 was restored – Clarification
added that only those direct recruits who were eligible and qualified
in the recruitment year 2009-2010, shall be interspaced with 53
promotees who were promoted vide DPC dated 29 June 2009 –
These promotees filed instant appeal – Held: Four issues framed
for consideration – Whether the recruitment year is a financial year
or calendar year – Whether the decision of this Court in K.
Meghachandra’s case is per incuriam or in the alternative, whether it
requires reconsideration – Whether the inter-se-seniority of the direct
recruits and the promotees in the facts of this case could be
determined as per the decision in N.R. Parmar’s case – Whether, in
the facts of this case, the process of recruitment of direct recruits
commenced in the very recruitment year in which the vacancies arose
– Matter referred to larger Bench of five Hon’ble Judges – The
interim relief granted on 13 July 2018 vacated – Effect shall be
given to the impugned judgment subject to the final outcome of this
appeal or reference – Reference to larger bench.
Union of India & Ors. v. N. R. Parmar & Ors. 2012
(13) SCC 340 : [2012] 13 SCR 555; K. Meghachandra
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Singh & Ors. v. Ningam Siro & Ors. 2020 (5) SCC 689
: [2019] 16 SCR 651; Mervyn Coutindo & Ors. v.
Collector of Customs, Bombay & Ors. [1966] 3 SCR
600; Hon’ble Punjab & Haryana High Court at
Chandigarh v. State of Punjab & Ors. 2019 (12) SCC
496 : [2018] 13 SCR 91; Arvinder Singh Bains v. State
of Punjab & Ors. 2006 (6) SCC 673 : [2006] 2 Suppl.
SCR 886; M. Subba Reddy & Anr. v. A.P. State Road
Transport Corporation & Ors. 2004 (6) SCC 729 :
[2004] 1 Suppl. SCR 7; Union of India & Ors. v. S.D.
Gupta & Ors. 1996 (8) SCC 14 : [1996] 2 SCR 471-
referred to.
Case Law Reference
[2012] 13 SCR 555
referred to
Para 5
[2019] 16 SCR 651
referred to
Para 8
[1966] 3 SCR 600
referred to
Para 11
[2018] 13 SCR 91
referred to
Para 11
[2006] 2 Suppl. SCR 886
referred to
Para 11
[2004] 1 Suppl. SCR 7
referred to
Para 19
[1996] 2 SCR 471
referred to
Para 28
CIVIL APPELLATE JURISDICTION : Civil Appeal No.9228
of 2022.
From the Judgment and Order dated 11.05.2018 of the High Court
of Gujarat at Ahmedabad in Special Civil Application No.3212 of 2018.
With
Diary No.12422 of 2022.
Vikramjit Banerjee, ASG, Huzefa Ahmadi, Nidhesh Gupta, Sr.
Advs., Ms. Aastha Mehta, Ms. Vishakha, Sharukh Alam, Mishra Saurabh,
Anmol Chandan, Shashank Bajpai, Ayush Anand, Sughosh Subramaniam,
Abhishek Singh, Prashant Sinha, Siddhartha Sinha, Raj Bahadur Yadav,
Ms. Pallavi Singh, V. K. Verma, Ms. Vriti Gujral, Tarun Verma, Rajat
Srivastav, Ms. Japneet Kaur, Ms. Rita Jha, Ms. Pallavi Singh, Sameer
Singh, Ms. Neelam Singh, Dr. Sushil Balwada, J. P. N. Shahi, Ms. J.
Kiran, Rameshwar Prasad Goyal, Advs. for the appearing parties.
HARIHARAN & ORS. v. HARSH VARDHAN SINGH RAO &
ORS.
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SUPREME COURT REPORTS
[2022] 9 S.C.R.
Satyavi Kram, Ms. Lekha G.V., Zeeshan Diwan, Shrutanjaya
Bhardwaj, Jasir Aftab, Advs. For the Intervenors.
The Judgment of the Court was delivered by
ABHAY S. OKA, J.
1. Leave granted in Special Leave Petition (C) No.16161 of 2018.
Delay in filing Special Leave Petition (C) Diary No.12422 of 2022 is
condoned and leave is granted in the said Special Leave Petition as well.
2. In Civil Appeal arising out of SLP (C) No.16161 of 2018, the
appellants who are original respondents nos.11 to 14 before the High
Court of Gujarat, have challenged the judgment and order dated 11th
May 2018 passed by a Division
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