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Pankaj Kr. Mishra & Ors. v. Union of India & Ors.

Civil Appeal · 2018 INSC 656Decided 31 Jul 2018
Civil Appeal No. 7407 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellants, Upper Division Clerks in the Central Secretariat Clerical Service, challenged ante-dated promotions given to certain colleagues based on a disputed cadre-restructuring exercise from 2003. They argued that some Lower Division Clerks had been promoted all the way to Assistant without actually serving the required time or experience as Upper Division Clerks, jumping ahead of otherwise-senior, qualified staff. The Union of India and the other respondents disputed this.

Decision Breakdown

The Court granted leave and heard both sides at length. Rather than itself examining each disputed promotion, it held that if any person was indeed appointed as Assistant without the qualifications/experience mandated by the rules, that is a matter the Competent Authority must examine. It gave the appellants two months to point out specific instances of such rule-violating promotions, directed the Competent Authority to examine and take remedial steps within four months of receiving the representation, and ensured affected parties would get a hearing. Subject to this mechanism, the appeal was disposed of without otherwise disturbing the High Court's judgment.

Lesson Learnt

Where a service dispute turns on factual verification of individual promotion records, the Supreme Court may finally dispose of the legal issue while directing the departmental authority, not the Court itself, to verify and correct rule violations in specific cases, with an opportunity of hearing for those affected.

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

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