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C. Jayachandran v. State of Kerala

Civil Appeal · 2020 INSC 265Decided 4 Mar 2020
Civil Appeal Nos. 1993-1995 of 2020
Justice Uday Umesh Lalit · Justice Hemant Gupta

Background

The appellant was a direct-recruit candidate for the post of District and Sessions Judge in the Kerala Higher Judicial Service, selected pursuant to a 2007 advertisement. Because of litigation over the grant of unlawful "moderation marks" to other candidates, his own appointment was delayed: he was only formally appointed in December 2010 and took charge in February 2011, years after other candidates from the same selection process had already joined. After the High Court's Administrative Committee and later a Division Bench ruling, he was placed behind several by-transfer (promotee) judicial officers in the seniority list, prompting this appeal.

Decision Breakdown

The Supreme Court held that the appellant's exclusion from timely appointment was entirely the result of an earlier illegal act, the High Court's own grant of moderation marks, which had since been struck down, and not any fault or delay on his part. It held he was entitled to notional seniority from 30 March 2009, the date on which the other direct recruits from the same selection process were appointed, even though he actually joined later. The Court rejected the argument that he had "slept over his rights," noting he had promptly filed representations. It also clarified that the statutory quota under the applicable Rules was 1/3rd for direct recruits and 2/3rd for in-service (by-transfer) promotees, and that promotees appointed beyond that quota could not claim seniority ahead of direct recruits. The Division Bench's contrary ruling was set aside and the writ petitions of the by-transfer appointees were dismissed.

Lesson Learnt

When a person's appointment or promotion is wrongfully delayed due to an administrative or judicial error that is later corrected, they can be granted "notional seniority" dating back to when they should have been appointed, provided they pursued their grievance diligently rather than remaining silent about it.

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

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