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Supreme Court of India 2019-03-15 allowed

P. Subramaniyam vs Union of India & Ors

Bench: 2 — M.R. Shah

In Brief

A worker promoted through the Limited Departmental Competitive Examination (LDCE) quota sought to maintain his seniority over a colleague who was appointed through direct recruitment. Though the colleague was selected for both LDCE and direct recruitment slots in the same year, he accepted only the direct recruitment appointment and later sought seniority placement as an LDCE selectee. The Tribunal and High Court allowed his claim, finding the department should have informed him about the quota-seniority implications. The Supreme Court reversed this, holding that seniority must follow the quota under which an employee accepts promotion, and employees are responsible for understanding the rules—the department has no obligation to advise them.

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Administrative Law Service Law Seniority and Promotion Recruitment Public Employment Statutory Rules and Regulations

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