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Supreme Court of India 2017-04-17 allowed

M.M. Thomas & Ors vs Union of India & Ors

Bench: 2 — S.A. Bobde

In Brief

The appellants, Social Security Assistants working in Karnataka/Tamil Nadu, were transferred to the Kerala region of EPFO and placed at the bottom of the seniority list. When they qualified in a departmental competitive examination for Enforcement Officer/Accounts Officer posts, respondents challenged their eligibility, arguing they lacked five years' service in Kerala specifically. The Supreme Court held that the promotion rule requires cumulative five-year service across all regions where an employee has served, not five years in one region alone. Service at the earlier posting counts toward eligibility despite placement at the bottom of the new seniority list. The Court allowed the appeal and declared the appellants eligible for promotion.

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Administrative Law Service Law Promotion Transfer Seniority Eligibility Criteria

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