Scientific Advisor To Raksha Mantri & ... vs V. M. Joseph on 14 January, 1998
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skc 37 JUDGMENT-WP-9051-13-GROUP
been allowed on request, the employee concerned merely
loses his seniority, but the same by itself would not lead to a
conclusion that he should be deprived of the other benefits
including his experience and eligibility for promotion. In terms
of the Schemes aforementioned, promotion is to be
granted for avoiding stagnation only within the said
parties. The said Schemes have been framed because
they are beneficial ones and are thus required to be
implemented. The Scheme merely perused that any
person having rendered 16/26 years of service without
obtaining any promotion could be entitled to the benefit
therefor. It is, therefore, not a case where promotion to the
higher post is to be made only on the basis of seniority.
Even in a case where the promotion is to be made on
selection basis, the employee concerned, even if he be
placed at the bottom of the seniority list in terms of the
order of transfer based in his favour, he cannot be
deprived of being considered for promotion to the next
higher post if he is eligible therefor. This aspect of the
matter is clearly covered by the three decisions of this Court,
namely, A.P. SEB v. R. Parthasarathi [(1998) 9 SCC 425 : 1998
SCC (L&S) 1195], Scientific Advisor to Raksha Mantri v. V.M.
Joseph [(1998)5 SCC 305 : 1998 SCC (L&S) 1362] and Renu
Mullick v. Union of India [ (1994) 1 SCC 373 : 1994 SCC (L&S)
570: (1994) 26 ATC 602].