VIVEK PATHAK & ORS. Vs. RAM KRISHAN KASHYAP & ORS.
SUPREME COURT OF INDIA
Vivek Pathak And Ors.
Ram Krishan Kashyap And Ors.
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(1.) The short question for consideration in this appeal, which arises out of the judgment of the Division Bench of the High Court of Punjab and
Haryana at Chandigarh in C.W.P. No.13575/2006 is, as to whether the
appellants who were granted promotion to the post of Technical Assistants
Grade-I after they got stagnated in the post of Junior Lecturer
Assistants, vis-a-vis, Respondent Nos.2 to 6, who were also extended the
similar benefit having regard to their stagnation in the post of Store
Keeper were entitled to count their seniority over and above the said
Respondent Nos.2 to 6. Admittedly, Respondent Nos.2 to 6 entered service
in the year 1997/1998. As there was no further avenue of promotion,
Respondent No.7/University graciously came forward to consider the claim
for promotion of the appellants as well as the Respondent Nos.4 to 6.
Consequently, a Committee was constituted, to whom the issue was
referred. The Committee considered the issue in respect of the appellants
as well as Respondent Nos.2 to 6 and suggested that they could be
considered for promotion to the post of Technical Assistant Grade-I. The
proposal of the Committee was identical pertaining to the appellants, who
were all holding the posts of Junior Lecturer Assistants and Respondent
Nos.2 to 6, who were holding the posts of Store Keepers.
(2.) The Executive Council of Respondent No.7/University considered the recommendations of the Committee and agreed to the proposal. It is true
that insofar as the Resolution pertaining to the grant of promotion to
those holding the posts of Store Keepers, namely, Respondent Nos.2 to 6
was concerned, it was suggested that grant of promotion to Respondent
Nos.2 to 6 in the posts of Technical Assistants Grade-I can be made after
adjusting the eligible Junior Lecturer Assistants, namely, the appellants.
(3.) The proposals relating to the appellants as well as that of Respondent Nos.2 to 6 were approved by the Executive Council in their meeting held
on 28.7.2005. While approving the proposals of the Committee in the case
of Respondent Nos.2 to 6, it was further resolved that even after their
promotion as Technical Assistant Grade-I, they will continue to discharge
the duties of Store Keeper based on the Resolution of the Executive
Council. Promotion orders were issued to the appellants on 29.7.2005 for
the post of Technical Assistant Grade-I and to the Respondent Nos.2 to 6
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