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Abdul Jawad M.F. v. R. Raj Pradeep

Civil Appeal · 2018 INSC 670Decided 2 Aug 2018
Civil Appeal No. 5203 of 2016
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The Kerala Panchayat Department had promoted 97 Upper Division Clerks to the post of Executive Officer, Grade-I on an ad hoc basis, but these promotions exceeded the eligible quota. When the Government tried to regularise the promotions retrospectively, the Kerala Administrative Tribunal struck this down as impermissible, and the Kerala High Court affirmed that ruling. The affected officials then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court agreed with the Tribunal and High Court that the 97 promotions could not be regularised since they were plainly in excess of the sanctioned quota, and that a proper seniority list required resolving the fate of these ad hoc promotions. However, taking into account the long passage of time and the fact that only two of the original 61 affected incumbents were still in service, the Court directed that none of them be reverted while implementing the judgment, and that those who had already retired should not have their pensions disturbed. Subject to these protective directions, the appeals were dismissed, with liberty for any individual with a separate grievance to pursue it in appropriate proceedings.

Lesson Learnt

Promotions made in excess of a sanctioned quota cannot be regularised merely by government order, but courts may temper the practical consequences of correcting such an error, for instance, by protecting long-serving employees from reversion or pension loss, rather than enforcing a harsh, mechanical undoing of the irregularity.

Official source (sci.gov.in)View Judgment (PDF)

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