LexN. SURESH NATHAN & ORS., ETC. ETC. versus UNION OF INDIA & ORS. ETC. ETC.
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A B [2010) 4 S.C.R. 1014 N. SURESH NATHAN & ORS., ETC. ETC. V. UNION OF INDIA & ORS. ETC. ETC. (Civil Appeal No. 8468 of 2003) APRIL 22, 2010 [J.M. PANCHAL AND A.K. PATNAIK, JJ.] Assistant Engineers (Including Deputy Director of Public Works Department) Group B(Technical) Recruitment Rules, c 1965: rr. 5 and 11(1) - Promotion to post of Assistant Engineer under 50% quota for degree-holder category of Section Officers/Junior Engineers - HELD: Clause (1) of Rule 11 0 does not provide for a separate stream or channel of promotion exclusively for degree-holders, who have completed three years service - In view of r.5, post of Assistant Engineer being a selection post, merit is the sole criteria and seniority in the grade of Section Officers/Junior Engineers is not at all relevant - Therefore, all the Section E Officers/Junior Engineers who are eligible for consideration under Rule 11 (1) would be considered on the basis of comparative merit - Constitution of India, 1950 - Articles 16 and 141 - Code of Civil Procedure, 1908 - s. 11. F Constitution of India, 1950: Article 141 - Law declared by Supreme Court to be binding on all courts - Decision of Supreme Court in N. Suresh Nathan's case - HELD: Was confined to the G eligibility for consideration for promotion to 50% vacancies for the posts of Assistant Engineers/Public Works Department, Pondicherry meant for degree-holder or equivalent in the grade of Section Officer/Junior Engineer, and there was no law declared by the Court, to be binding under Article 141, on the H 1014 ~ N. SURESH NATHAN & ORS., ETC. ETC. v. UNION 1015 OF INDIA & ORS. ETC. ETC. issue as to how Section Officers/Junior Engineers who become A qualified for promotion to the post of Assistant Engineers would be considered for promotion - Nor would the said decision constitute res judicata on the issue - Precedents - Code of Civil Procedure, 1908 - s. 11 - Assistant Engineers (Including Deputy Director of Public Works Department) Group B B(Technica/) Recruitment Rules, 1965 - rr. 5 and 11 (1 ). Promotion of appellant nos. 1 to 7 to the posts of Assistant Engineers, Public Works Department was challenged by respondent nos. 2 to 7, before the Central Administrative Tribunal. The Tribunal dismissed the C application holding that in view of the decision of the Supreme Court in N. Suresh Nathan's' case, with regard to the procedure to be adopted for promotion of Section Officers/Junior Engineers, the applicants before it could not be allowed to raise the point once again nor was it D open to the Tribunal to hold otherwise. But, the writ petition filed by the respondents challenging the order of the Tribunal was allowed by the High Court holding inter alia that the judgment of the Supreme Court in N. Suresh Nathan did not operate as res judicata. A review DPC was E directed to be held. Disposing of the appeals, the Court F HELD: 1. In N. Suresh Nathan & Ors.*, this Court confined its decision to the qualification or eligibility for consideration for promotion to 50% vacancies for the post of Assistant Engineer meant for degree-holders or equivalent in the grade of Section Officer/Junior Engineer and held that only those Section Officers/Junior Engineers, who had completed three years' service after G obtaining degree, were qualified or eligible for consideration to the 50% vacancies meant for the category of degree-holders or equivalent. In the said 1. (1991) 2 Suppl. SCR 423. H 1016 SUPREME COURT REPORTS [2010] 4 S.C.R. A judgment, this Court did not decide on how the Section Officers/Junior Engineers who had completed three years' service in the grade after the degree in Civil Engineering or equivalent and had the qualification or eligibility for consideration for promotion to the 50% B vacancies meant for the category of degree-holders wo·Jld be considered for promotion. Therefore, in N. Su.·esh Nathan & Ors., there was no law declared by this Court so as to be binding on the courts under Article 141 of the Constitution, on the issue as to how Section c Officers/Junior Engineers, who become quaPfied or eligible for promotion to the post of Assistant Engineer would be considered for promotion; and, therefore, the decision in N. Suresh Nathan would also not constitute res judicata on the said issue. [Para 13-15] [1027-F-H; 1028- D A-C-E; 1029-A-B] *N. Suresh Nathan & Ors. v. Union of India & Ors. (1991) 2 Suppl. S
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