TITLE- If promotion is based on seniority it would not affect by the age on the cut-off date.

CASE NAME- M. Elangovan v. UOI and ors. Rep. by its Chief Postmaster General CITATION-CIVIL APPEAL NO. 9141 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 25008 OF 2012]

COURT- Supreme Court of India

BENCH- Justice Kurian Joseph, Justice R. Banumathi

JURISDICTION- CIVIL APPELLATE JURISDICTION.

DECIDED ON- 17TH JULY 2017

BRIEF FACTS AND PROCEDURAL HISTORY-

1.     In this petition, appellant filed petition because he was not given promotion in respect of 25% quota which is solely based on seniority.

2.     Learned counsel for the respondent contended that crossed the age on the cut off date.

3.     As per this contention of the appellant contended that as far as promotion based on seniority is concerned, there cannot be any cut-off date.  

4.     They have also mentioned a rule verified by signature of Jayant Kumar Arora Date: 2017.08.05 12:52:58 IST Reason:

Affidavit filed by the respondents as far as promotions are concerned: - “i. 25% of the vacancies of Postman shall be filled up from amongst ED Agents with a minimum of 15 years service on the basis of their seniority failing which by ED Agents (now designated as GDS) on the basis of Departmental exam”

5.     The learned counsel for the appellant also states that After the amendment of the rule on 30.01.1995, 25% of the vacancies of Postman are to be filled up from amongst the extra-departmental Agents with a minimum of 15 years of service, on the basis of their seniority only.

6.     The learned senior counsel further points out that in any case, there were seniors above the appellant. The learned counsel for the appellant submits that there were no seniors. Once we have clarified the rule position that the 25% vacancies are to be filled up only on the basis of seniority without reference to any cut-off date, and in case the appellant is senior enough to be considered in respect of 25% of the vacancies, his case shall be considered for promotion and appropriate action in this regard shall be taken within a period of two months from the date of production of a copy of this Judgment.

ARGUMENTS RAISED BY PETITIONER-

a)     The learned counsel for the petitioner contended that in case of promotion on the basis of seniority reference to cut-off date is not needed.

b)     They also contended there were no senior above the appellant so he should be given position in the 25% vacancies that are reserved for them.

c)     They contended that appellant is senior enough to fill the position.

ARGUMENTS RAISED BY RESPONDENT-

a) If seniority channel also for the 50% direct recruitment, the incumbent concerned should not have crossed the age as on the cut-off date.

ISSUE-  

Ø  Whether petitioner can be given promotion on the basis of seniority in regard to 25% quota?

Ø  Whether there is any reference to the age on the cut off date is needed?

Ø  Whether the appellant is enough applicable to fill the position?

RATIO-

            Court has considered argument raised by petitioner while giving the judgement-

                                               i.          The petitioner mentioned a rule verified by signature of Jayant Kumar Aurora which stated that 25% of the vacancies should be filled from on the basis of seniority.

                                             ii.          After the amendment the of the rule on 30.01.1995, 25% of the vacancies should be filled on the basis of minimum 15 years of experience.

                                           iii.          If promotion is based on seniority reference to age on cut off date is not needed.

HELD- 

application was disposed of.