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Supreme Court of India 2021-11-13 dismissed

Himachal Pradesh State Electricity Board Limited vs State of Himachal Pradesh & Ors. Etc

Bench: 2 — M.R. Shah, Sanjiv Khanna

In Brief

The Supreme Court examined a dispute between direct recruits and promotees concerning promotion to the post of Accounts Officer in a state electricity board. Direct recruits to Assistant Accounts Officer (AAO) positions had no requirement to pass the SAS Part II examination, while a 2010 amendment imposed this requirement for AAO-to-AO promotion. The Court held that imposing a qualification requirement at promotion level that did not exist at entry level is arbitrary and illogical. The High Court was justified in reading down the amendment to restrict the SAS Part II requirement only to Superintendent-to-AAO promotion. The appeals by promotees were dismissed, and the entire promotion list was ordered to be re-shuffled to include direct recruits.

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Administrative Law Public Sector Employment Promotion Constitutional Law Service Rules

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