In Brief
Girish Kumar challenged the promotion of a fellow employee (Respondent 3) to Section Officer, arguing that the employee had not completed the mandatory three years of continuous actual service in the feeder cadre as required by the Recruitment Rules, 1967. Although the employee had been granted a deemed date of promotion under the Seniority Rules, 1982 (dated 7.10.2005), he was only actually promoted to Office Superintendent on 22.10.2007, and then to Section Officer on 1.2.2008. The Supreme Court held that the Seniority Rules and Recruitment Rules operate in different fields and for different purposes. The deemed date affects only inter se seniority, not eligibility for promotion. Actual continuous service on the feeder cadre is required under the Recruitment Rules. The Court allowed the appeal, quashed the High Court's judgment, restored the Additional Divisional Commissioner's order setting aside the employee's promotion, and directed that the appellant be promoted instead.
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