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Supreme Court of India 2022-03-15 allowed

B.S. MURTHY & ORS vs A. RAVINDER SINGH & ORS

Bench: 3 — Uday Umesh Lalit, Hemant Gupta, S. Ravindra Bhat

In Brief

This Supreme Court judgment addresses the long-standing dispute over seniority between Promote Inspectors (PRIs) and Direct Recruit Inspectors (DRIs) in the Central Excise service. The Court held that PRIs promoted during 1983–1991 were promoted within their statutory 25% quota and should not be treated as excess or ad-hoc. The correct method for calculating promotion quotas is based on actual vacancies arising each year (shown in the vacancy register), not indents placed with the Staff Selection Commission. A 1986 Office Memorandum's bunching rule—designed to prevent deliberate underreporting of direct recruit vacancies—does not apply when a ban on direct recruitment was merely an executive policy. The Court restored the Central Administrative Tribunal's order and allowed the appeal, directing that seniority lists be revised accordingly within three months.

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Constitutional Law Civil Service Law Administrative Law Seniority and Promotion Recruitment Rules Public Employment Service Regulations Inter-se Seniority Quota Rule Bunching Rule

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