UNION OF INDIA Vs. AMRITLAL
LAWS(SC)-1990-7-39
SUPREME COURT OF INDIA
Decided on July 13,1990

UNION OF INDIA Appellant
VERSUS
AMRITLAL Respondents


Referred Judgements :-

KARAM PAL RAMSARUPKANWAR VS. UNION OF INDIA [REFERRED TO]
H V PARDASANI VS. UNION OF INDIA [REFERRED TO]



Cited Judgements :-

SURJIT SINGH VS. UNION OF INDIA [LAWS(SC)-1997-5-81] [RELIED ON]


JUDGEMENT

- (1.)On 12/03/1985 a three Judge bench of this court delivered judgment in two cases : (1 Karam Pal v. Union of India, and (2 H. V. Pardasani v. Union of India. These decisions related to the working outof the central Secretariat Service Rules of 1962 and dealt with the dispute of inter se seniority between direct recruits and promotees in the central Secretariat Service. It is not disputed that while deciding these cases, this court took into account the position, as it is existed up to 1983. In one of the judgments the court indicated that the central Government would do well to streamline the scheme by review of the rules and regulations in order to avoid rancour and heart-burning in the officers. Pursuant to these observations of the court, on December 29, 1984, a set of amendments were brought to the Rules and the scheme has been streamlined. These rules of 1984 December were made effective from 1/07/1985.
(2.)In spite of the decisions of this court referred to above, some of the promotee officers in this cadre went before the central Administrative tribunal raising a fresh dispute on what may be said to be a covered field. The tribunal had the handicap of the binding judgment in the field; yet on the basis of materials placed before it, it came to conclusions partly different from what had been reached by this court and rendered a judgment which is impugned before us in this group of cases.
(3.)We have heard parties at considerable length in the month of January this year and thereafter when we were satisfied that the representation made to this court on the earlier occasion that there existed a seniority list was perhaps not correct, we called upon the Union of India to draw up such a list and for that purpose we adjourned the proceedings for a considerable period of time, it is not disputed that with the assistance of both the sides such a list has now been drawn up.
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