UNION OF INDIA Vs. SUDHA SALHAN
LAWS(SC)-1998-1-54
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on
January 07,1998
UNION OF INDIA
Appellant
VERSUS
SUDHA SALHAN
Respondents
Referred Judgements :-
NEW BANK OF INDIA VS. N P SEHGAL [REFERRED TO]UNION OF INDIA VS. K V JANKIRAMAN [CONCURRED]
Cited Judgements :-
RAM LAKHAN VS. STATE OF U P [LAWS(ALL)-2007-10-40] [REFERRED TO]GYAN PRAKASH PANDEY VS. STATE OF UP THRU ADDL CHIEF SECY PUBLIC WORKS DEPT [LAWS(ALL)-2018-5-162] [REFERRED TO]
RAKESH KUMAR YADAV VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2013-2-270] [REFERRED TO]
AIRPORT AUTHORITY OF INDIA VS. S K VERMA [LAWS(DLH)-2006-6-10] [RELIED ON]
A. JALENDER REDDY VS. STATE OF TELANGANA [LAWS(APH)-2017-4-38] [REFERRED TO]
SASHI BHUSHAN PRASAD SINHA VS. M/S. COAL INDIA LIMITED [LAWS(CAL)-2003-11-66] [REFERRED TO]
S.C. SONI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-2-99] [REFERRED TO]
KISHORCHANDRA GANDULAL PETHANI VS. STATE OF GUJARAT [LAWS(GJH)-2005-3-83] [REFERRED TO]
SUDESH KUMAR VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-6-26] [REFERRED TO]
UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF PERSONNEL & TRAINING AND OTHERS VS. V. APPALLA RAJU [LAWS(DLH)-2017-1-174] [REFERRED TO]
VED PRAKASH VS. UNION OF INDIA AND ANR. [LAWS(DLH)-2006-10-238] [RELIED ON]
KANT KUMAR SINGH VS. GOMTI GRAMIN BANK [LAWS(ALL)-2001-12-61] [REFERRED TO]
UNION OF INDIA VS. RAMESH AHLUWALIA [LAWS(P&H)-2001-3-118] [REFERRED TO]
RANJEET KUMAR VS. CANARA BANK [LAWS(P&H)-2014-5-53] [REFERRED TO]
Saroja Kumar Mishra VS. Coal India Limited [LAWS(ORI)-2006-5-65] [REFERRED TO]
BIJAY KUMAR THAKUR VS. STATE OF BIHAR [LAWS(PAT)-2008-9-110] [REFERRED TO]
RAMA CHANDRA PADHI VS. CHAIRMAN [LAWS(ORI)-2016-2-81] [REFERRED TO]
MAHENDRA PRATAP VS. STATE OF ORISSA [LAWS(ORI)-2006-12-15] [REFERRED TO]
UNION OF INDIA VS. R S SHARMA [LAWS(SC)-2000-4-219] [REFERRED]
SOHAN LAL VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2015-6-25] [REFERRED TO]
Y SANGAMESHWAR RAO VS. STATE BANK OF HYDERABAD [LAWS(APH)-2005-10-80] [REFERRED TO]
MAJOR GENERAL B P S MANDER VS. UNION OF INDIA [LAWS(DLH)-2007-9-33] [REFERRED TO]
NAND KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-2010-2-35] [REFERRED TO]
Kiran VS. Coal India Ltd. [LAWS(JHAR)-2002-12-33] [REFERRED TO]
OMPRAKASH SINGH NARWARIYA VS. STATE OF M.P. [LAWS(MPH)-2020-3-29] [REFERRED TO]
LOVEN SINGLA VS. PUNJAB AND HARYANA HIGH COURT, CHANDIGARH [LAWS(P&H)-2019-10-228] [REFERRED TO]
UNION OF INDIA VS. NARESH K GUPTA [LAWS(BOM)-2004-11-17] [REFERRED TO]
PRANAB BARUAH VS. N.F. RAILWAY [LAWS(GAU)-2021-8-65] [REFERRED TO]
PREM CHAND CHAUDHARY VS. STATE OF BIHAR [LAWS(PAT)-2003-7-79] [REFERRED TO]
K TIRUMALA RAO VS. CHAIRMAN ELECTRONICS CORPORATION OF INDIA ECIL POST HYD [LAWS(APH)-1998-4-6] [REFERRED TO]
DHARAM NARAIN UPADHYAYA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-9-5] [REFERRED TO]
DINESHWAR SHUKLA VS. STATE OF U P THRU PRIN SECY IRRIGATION DEPTT LUCKNOW [LAWS(ALL)-2017-12-76] [REFERRED TO]
C N RAVAL VS. UNION OF INDIA [LAWS(GJH)-2013-1-50] [REFERRED TO]
DIRECTOR GENERAL OF POLICE VS. K. PITCHAI, DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2020-12-2] [REFERRED TO]
SAMRENDRA SINGH VS. UNION OF INDIA [LAWS(PAT)-2008-1-37] [REFERRED TO]
JUDGEMENT
Saghir Ahmad, J. -
(1.)Respondent was appointed to the post of Obstetrician and Gynaecologist on 30th July, 1979. She was considered by the Departmental Promotion Committee for promotion to the post of Specialist Gr. II, (Senior Scale) in non-teaching Specialist Sub-Cadre on 8th of March 1989, but the proceedings of the Selection Committee were placed in the sealed cover. On 16th of April 1991, respondent was placed under suspension which was followed by a charge- sheet issued to her on 8th of May, 1991.
(2.)On 18th of April 1991, the respondent filed an Original Application before the Central Administrative Tribunal, Principal Bench, New Delhi, praying for the following reliefs:
"(a) to direct the respondents open the sealed cover pertaining to the promotion of the applicant to Specialist Grade-II (Senior scale officers in non-teaching specialist sub-cadre) in pursuance of the recommendations of the Departmental Promotion Committee (D.P.C.) which met on 8-3-1989;
(b) to direct the respondents that the applicant be promoted retrospectively from the date of her immediate junior has been promoted and to pay arrears of salary and allowances, if the DPC has recommended in her favour;
(c) to direct the respondents to give her all consequential benefits like seniority, fixation of pay etc;
(3.)The Tribunal by its impugned judgment allowed the Original Application and directed as under:
"In the result, therefore, we allow the O.A. and direct the respondents to open the sealed cover pertaining to promotion of the applicant to specialist Grade-II (Senior Scale officers in non-teaching specialist sub-cadre) in pursuance of the recommendations of the DPC which met on 8-3-1989. Further in case the recommendation of the DPC is in her favour, we direct the respondents that the appellant be promoted retrospectively from the date of her immediate junior had been promoted and pay the salary and allowances to her. We further direct that she is entitled to consequential benefits, like seniority and fixation of pay. This may be done within a period of two months from the date of receipt of a copy of this order."
(2.)On 18th of April 1991, the respondent filed an Original Application before the Central Administrative Tribunal, Principal Bench, New Delhi, praying for the following reliefs:
"(a) to direct the respondents open the sealed cover pertaining to the promotion of the applicant to Specialist Grade-II (Senior scale officers in non-teaching specialist sub-cadre) in pursuance of the recommendations of the Departmental Promotion Committee (D.P.C.) which met on 8-3-1989;
(b) to direct the respondents that the applicant be promoted retrospectively from the date of her immediate junior has been promoted and to pay arrears of salary and allowances, if the DPC has recommended in her favour;
(c) to direct the respondents to give her all consequential benefits like seniority, fixation of pay etc;
(3.)The Tribunal by its impugned judgment allowed the Original Application and directed as under:
"In the result, therefore, we allow the O.A. and direct the respondents to open the sealed cover pertaining to promotion of the applicant to specialist Grade-II (Senior Scale officers in non-teaching specialist sub-cadre) in pursuance of the recommendations of the DPC which met on 8-3-1989. Further in case the recommendation of the DPC is in her favour, we direct the respondents that the appellant be promoted retrospectively from the date of her immediate junior had been promoted and pay the salary and allowances to her. We further direct that she is entitled to consequential benefits, like seniority and fixation of pay. This may be done within a period of two months from the date of receipt of a copy of this order."
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