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Landmark Decisions: Battle of Seniority - N.R. Parmar & Ors. Vs. Union of India

Court: Supreme Court of India

Year of Decision: 2012

Case Particulars:

CIVIL APPEAL Nos. 7514-7515 OF 2005, 3876-3880 of 2007, 7516 OF 2005,

Case Details: 

This controversy was a dispute of inter se seniority  between Income Tax Inspectors of the Income Tax  Department.   Controversy was that Who is senior, Direct Recruits who joined the service years after their recruitment process was begin due to delay on the part of SSC or Promotees who were promoted during this period. 


The Decision went in favour of Direct Recruits. The last part of the judgment reads as follows:

33. Having interpreted the effect of the OMs dated 7.2.1986 and 3.7.1986 (in paragraphs 20 and 21 hereinabove), we are satisfied, that not only the requisition but also the advertisement for direct recruitment was issued by the SSC in the recruitment year in which direct recruit vacancies had arisen. The said factual position, as confirmed by the rival parties, is common in all matters being collectively disposed of. In all these cases the advertised vacancies were filled up in the original/first examination/selection conducted for the same. None of the direct recruit Income Tax Inspectors herein can be stated to be occupying carried forward vacancies, or vacancies which came to be filled up by a "later" examination/selection process. The facts only reveal, that the examination and the selection process of direct recruits could not be completed within the recruitment year itself. For this, the modification/amendment in the manner of determining the inter-se seniority between the direct recruits and promotees, carried out through the OM dated 7.2.1986, and the compilation of the instructions pertaining to seniority in the OM dated 3.7.1986, leave no room for any doubt, that the "rotation of quotas" principle, would be fully applicable to the direct recruits in the present controversy. The direct recruits herein will therefore have to be interspaced with promotees of the same recruitment year. 34. In view of the above, the Civil Appeals, the Transferred Case, as well as, the Transfer Case (filed by the direct recruits and the Union of India) are hereby allowed. The claim of the promotees, that the direct recruit Income Tax Inspectors, in the instant case should be assigned seniority with reference to the date of their actual appointment in the Income Tax Department is declined.


Read the official Judgement here

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