RADHA MOHAN MALAKAR & ORS. versus USHA RANJAN BHATTACHARJEE & ORS.

Citation: [2009] 10 S.C.R. 454 · Decided: 07-07-2009 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
[2009) 10 S.C.R. 454 
RADHA MOHAN MALAKAR & ORS. 
v. 
USHA RANJAN BHATTACHARJEE & ORS. 
(Civil Appeal No. 4157 of 2009) 
JULY 7. 2'109 
[R.V. RAVEENDRAN AND MARKANDEY KATJU, JJ.) 
Service Law - Seniority- lnter-se seniority between direct 
recruits and promotees - By Office Memorandum Promotees 
C of 1989 batch placed en-bloc senior to direct recruits of 1990 
batch cind promotees of 1991 batch placed enbloc junior to 
the direct recruits of 1990 batch - Promotees of 1991 batch 
claiming seniority over some of the direct recruits - Single 
Judge of High Court negated the claim - Division Bench of 
D High court accepted the claim, holding that the Office 
Memorandum was contrary to r. 28(iii) of Civil Services Rules 
- On appeal, held: Direct recruits have to be treated senior 
to the promotees of 1991 batch - The quota of direct recruits 
has not been exceeded, their seniority have to be taken from 
E the date of their initial appointment and their seniority cannot 
be pushed down - The Office Memorandum is not contrary 
to r. 28 (iii) - Tripura Civil Services Rules, 1967 - r. 28 (iii). 
A Notification dated 25.5.1981, issued by the State 
Government, enunciating the principles governing inter-
F se seniority between direct recruits and promotees, was 
challenged by promotees. The High Court quashed the 
Notification and the same attained finality. State 
Government by Memorandum dated 25.7.1997 issued a 
draft seniority list in terms of decision of the High Court, 
G comprising the seniority list for batches of 1989 
(promotees), 1990 {direct recruits) and 1991 (promotees), 
placing the promotees, irrespective of their individual 
date of recruitment, to their respective slots in the 
gradation list on the basis of quota Rota Rules. Thereafter 
H 
454 
RADHA MOHAN MALAKAR & ORS. v. USHA 
455 
RANJAN BHATTACHARJEE 
~ 
"" 
Government Order dated 25.5.2000 .governing the 
A 
general principles of relative seniority, clarifying that 
persons recruited in excess of the quota, shall not get 
rotational seniority in the same calender year and shall 
be reverted to the year where they could be 
accommodated. The seniority list of existing officers in 
B 
batches of 1989 (promotees) 1990 (direct recruits against 
substantive vacancies in the cadre of 1987188) and 1991 
t. 
(promotees) was published by Office Memorandum dated 
9.6.2000. Thereby all 1989 promotees were placed en-bloc 
senior over 1990 direct recruits and all 1990 direct recruits c 
were placed en-bloc senior over 1991 promotees. 
Promotees of 1991 batch filed writ petition 
challenging the Government Order dated 25.5.2000 and 
the Seniority List dated 9.6.2000. They contended that 
seniority should have been considered between 
D 
promotees of 1989 and 1991 batch on one hand and 
direct recruits on the other hand. Single Judge of High 
Court dismissed the petition. Division Bench of High 
Court, in intra-court appeal, held the Government Order 
and the Seniority List, contrary to the provisions of s. 
E 
28(iii) of Tripura Civil Services Rules, 1967. Hence the 
present appeal by some of the direct recruits of 1990 
batch. 
Allowing the appeal, the Court 
F 
HELD: The Government's order dated 25.5.2000 and 
Office Memorandum dated 9.6.2000 are valid and are in 
accordance with the Tripura Civil Service Rules, 1967. The 
ordinary rule that seniority will depend on the length of-
the continuous officiating service has to be followed 
G 
""' v 
unless the quota of direct recruits or of the promotees has 
been exceeded. It is only if the said quota is exceeded that 
the appointees have to be pushed down in the seniority, 
otherwise seniority has to be taken from the date of 
continuous officiating service. In the present case it is 
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456 
SUPREME COURT REPORTS 
[2009] 10 S.C.R. 
A admitted that the quota of direct recruits has not been 
exceeded. Hence, the seniority of direct recruits 
(appellant) has to be taken from the date of their initial 
appointment and they cannot be pushed down in 
seniority. The promotees (respondents) were appointed 
B to the Grade II of Tripura Civil Services, after the 
appointments of the direct recruits (appellants). Hence 
the former have to be treated as junior to the latter. Since 
the quota of direct recruits has not been exceeded, hence 
the seniority has to be calculated from the date of the 
c initial appointment and the said seniority cannot be 
pushed down. [Para Nos.29, 31 and 33) [468·F-H:469-C; 
469-F] 
' 
N. K. 

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