UNION OF INDIA THROUGH ITS SECRETARY & ORS. versus MAJ. GEN. MANOMOY GANGULY

Citation: [2018] 9 S.C.R. 381 · Decided: 01-08-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Case Partly allowed

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Judgment (excerpt)

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UNION OF INDIA THROUGH ITS SECRETARY & ORS.
v.
MAJ. GEN. MANOMOY GANGULY
(Civil Appeal No. 5800 of 2018)
AUGUST 01, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Service Law:
Appointment – To the post of Director General of Medical
Service (Army) [DGMS (Army) ] – Criteria for – Interpretation of
criteria of ‘inter-se seniority cum suitability’ – Held: The criteria of
‘inter-se seniority cum suitability’ implies that the post was to be
given to better suited person after evaluating ‘inter-se suitability’ –
In this criteria it cannot be said that seniority is a decisive factor
and suitability is secondary factor – The respondent in the present
case fulfilled eligibility criteria for appointment to the post – He
had adequate administrative experience – In the facts of the case
there has not been proper and valid consideration in applying the
criteria of ‘inter-se seniority and suitability’.
Words and Phrases:
‘Suitable’ – Meaning of, in the context of service
jurisprudence.
Partly allowing the appeal, the Court
HELD: 1.1 The word ‘inter se’ applies both to seniority as
well as suitability. Therefore, ‘inter se suitability’ is also to be
assessed inasmuch as this assessment is ‘in the light of their
earlier experience of serving in a particular service’.  As far as
consideration on the parameters of ‘inter se seniority’ is
concerned, it would mean that a person who is senior gets
precedence. [Para 40] [405-F-H]
1.2. The word ‘suitable’ is assigned the meaning as
‘appropriate, fitted for the purpose or acceptable’.  The concise
Oxford Dictionary defines the word suitable as ‘well fitted for the
purpose; appropriate’.  This ordinary meaning is to be given effect
  [2018] 9 S.C.R. 381
  381
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SUPREME COURT REPORTS
[2018] 9 S.C.R.
to as a general guide, unless this expression is given special
meaning in a statute or rule in administrative instructions. “The
word ‘suitability’ is an empty vessel which is filled with meaning
by context and background.”  [Para 42] [406-C-D]
1.3 In service jurisprudence, where the word ‘suitable’ is
normally examined from the point of view as to whether a
particular person is suitable to hold a particular post, it is
construed as ‘fit’ to hold that post.  It would mean that the job
profile and job requirement of a particular post would be seen
and then, going by the calibre, competence, attributes, skill and
experience of the candidate, it would be ascertained as to whether
such a person would be able to discharge the duties of the post
i.e. whether he is suited to carry out the functions of the post, to
the satisfaction of his employer.  Thus, the person to be eligible
should qualify the following conditions:  (i) the officer should be
in the rank of Lt. General (& Equiv); (ii) such an officer should
be holding the post of Comdt AM C&C; and (iii) he should have
a minimum remainder service of one year from the date of
occurrence of the vacancy. [Paras 43 and 44] [406-D-H]
1.4 When it comes to ‘inter se suitability’, it has reference
to assessing the suitability of all eligible officers and thereafter
finding who is more suitable to occupy such a post.  The post in
question being very high ranking post, the competent authority
is supposed to choose a more suitable officer for such post. For
expressing such an intention, the Circular could have been worded
more appropriately and with clarity to avoid such doubts.
However, since the word ‘inter se’ is used, it implies that the
intention behind laying down this criteria was to give these posts
to a better suited person after evaluating their inter se suitability.
While doing this exercise, seniority of an officer is also to be
given due weightage, meaning thereby if the senior most person
is competent to hold the post, he is to be given preference.
Therefore, it is not correct that the post of DGMS (Army) is to
be filled by the officer on the strength of ‘seniority-cum-
suitability’, where seniority is a decisive factor and suitability is a
secondary factor. It is not only seniority and suitability simpliciter
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but ‘inter se’ seniority and suitability.  The expression ‘inter se’
is totally ignored and there is no discussion thereupon at all, which
has led the Tribunal to take wrong view insofar as interpretation
of the criteria laid down in the Circular dated 10th July, 1992 is
concerned, which talks of ‘inter se seniority and suitability’.
[Para 45] [407-B-E]
2.1 The respondent in the preset case

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