Impleadment Of Few Affected Employees Sufficient In Service Matters; Non-Joining Of All Parties Not Fatal
Case: Ajay Kumar Shukla And Others V. Arvind Rai And Others
Coram: Justices DY Chandrachud, Vikram Nath and BV Nagarathna
Case No.: Civil Appeal No(s). 5966 Of 2021
Court Observation: “Once it is established that the seniority list was prepared in contravention to the statutory provisions laid down in Rules 1991, the seniority list could be interfered with. The Appointing Authority would be bound by the statutory rules and any violation or disregard to the statutory rules would vitiate the seniority list. The same would be arbitrary, de hors the rules and in conflict with Articles 14 and 16 of the Constitution. The only exception to the above would be where there is unreasonable delay which is unexplained.”
“Right to promotion is not considered to be a fundamental right but consideration for promotion has now been evolved as a fundamental right,” “If the seniority list is allowed to be sustained then the engineers who are more meritorious in the Mechanical and Civil streams than the Junior Engineers of the Agricultural stream would be deprived of their right of being considered for promotion and in fact their right would accrue only after all the Junior Engineers of the Agricultural stream selected in the same selection are granted promotion. For these reasons also the seniority list in question must go,”
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Keywords
Impleadment, Service Matters
