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Supreme Court of India 2019-03-15 allowed

P.SUBRAMANIYAN vs UNION OF INDIA

Bench: 2 — L. Nageswara Rao, M. R. Shah

In Brief

A semi-skilled worker appointed to Heavy Alloy Penetrator Project was promoted to Chargeman Grade-II under the LDCE quota. Another employee was selected for the same post under both direct recruitment and LDCE quotas but opted for direct recruitment in April 2000. Under the applicable quota-rota rules, direct recruitees were placed below LDCE promotees in seniority. The employee later sought to be placed above the appellant, claiming the department should have advised him about the rule. The High Court and Tribunal allowed his claim. The Supreme Court reversed this, holding that employees are expected to know applicable statutory rules themselves; the department has no obligation to advise employees about rule implications. Seniority must follow the statutory quota-rota rule strictly.

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

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