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Supreme Court of India 2018-09-25 dismissed

Coal India Ltd. & Anr vs Navin Kumar Singh

Bench: 3 — A.M. Khanwilkar

In Brief

A chemical engineer was transferred from Dankuni Coal Complex to Coal India's subsidiary on his personal request in 1991. The transfer policy fixed his seniority in the new company from the transfer date but raised the question: could his pre-transfer service count toward promotion eligibility? The Supreme Court held that while seniority is lost on personal request transfer, the employee's prior service must count toward eligibility for promotion to higher grades. Seniority and promotion eligibility are distinct concepts; the policy forfeits only seniority, not the employee's length of service experience.

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Service Law Transfer Policy Promotion Eligibility Seniority Employment

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