VIVEK PATHAK & ORS. Vs. RAM KRISHAN KASHYAP & ORS.
LAWS(SC)-2016-2-185
SUPREME COURT OF INDIA
Decided on February 04,2016

Vivek Pathak And Ors. Appellant
VERSUS
Ram Krishan Kashyap And Ors. Respondents

JUDGEMENT

- (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 on 1.8.2005.;


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