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Ramesh Chandra Sharma and Ors v. State of Madhya Pradesh and Anr

Civil Appeal · 2017 INSC 798Decided 23 Aug 2017
Civil Appeal Nos. 10787-10788 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. The case concerned the fixing of seniority among Foresters, Deputy Rangers and Rangers under the Madhya Pradesh Class III (Non-Ministerial) Forest Service Recruitment Rules, 1967.

Decision Breakdown

This is not a final decision on the dispute. The Court held that members of the same service who get accelerated promotion merely because of fortuitous circumstances of posting cannot move ahead of their seniors in further promotions within that service. It said it was not clear about the rules on selection and fixation of seniority and was not getting assistance on them. It set aside the High Court's judgment and sent the matter back to the High Court for fresh consideration, with a request to dispose of it within six months.

Lesson Learnt

Accelerated promotion due to a fortuitous posting cannot override seniority within the same service. There is no final ruling yet on the seniority of these appellants.

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

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