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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Service & Administrative LawSupreme Court of India

D. Raghu & Others v. R. Basaveswarudu & Others Etc.

Civil Appeal · 2020 INSC 130Decided 5 Feb 2020
Civil Appeal Nos. 1970-1975 of 2009
Justice Sanjay Kishan Kaul · Justice K.M. Joseph

Background

This case involved two connected sets of appeals concerning promotions in the Central Excise Department in Andhra Pradesh/Telangana. One set concerned Data Entry Operators who wanted their service counted towards promotion to the post of Inspector under recruitment rules framed in 1979, even though the department was being restructured around 2002-2003 under new rules. The other set concerned similarly-placed employees seeking promotion as Upper Division Clerks and Tax Assistants. The Central Administrative Tribunal and the High Court had given conflicting directions on whether the old 1979 rules or the newer restructuring rules (effective from specific cut-off dates) should govern which vacancies these employees could be considered against.

Decision Breakdown

The Supreme Court held that for vacancies of Inspector that arose before 07.12.2002 and were already filled under the old rules, the appellants could not reopen seniority on those posts, since the High Court's directions on that point should not be disturbed given the time that had passed and the promotions already made. However, for vacancies that arose after 07.12.2002, the appellants (Data Entry Operators) were entitled to be considered, counting their prior service, and their seniority was to be fixed under the rules of the new Senior Tax Assistant cadre created in 2003. Any promotions already made in the interim should be treated as notional for seniority and pension purposes rather than being undone. In the connected case about Upper Division Clerk and Tax Assistant promotions, the appeal was dismissed.

Lesson Learnt

When a government department reorganizes its promotion rules midway, employees' rights are generally governed by the rules in force on the date a vacancy actually arises or is to be filled, and courts try to balance fairness to long-pending claimants against the disruption of unwinding promotions already granted to others.

D. Raghu & Others v. R. Basaveswarudu & Others Etc. – Legal Case Shots | LegalAware