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Supreme Court of India 2022-08-10 allowed

UNION OF INDIA & ORS vs GOPAL MEENA & ORS

Bench: 2 — Hemant Gupta, Vikram Nath

In Brief

The Union of India challenged High Court orders directing separate zone of consideration for Scheduled Caste/Tribe candidates seeking promotion from Inspector to Superintendent in the Customs and Central Excise Commissionerate. The Supreme Court allowed the appeals, holding that the candidates' actual grievance was about filling backlog vacancies, not regular substantive promotions. The Court distinguished between three promotion scenarios: backlog vacancies (special drive), ad hoc promotions, and regular promotions through Departmental Promotion Committee. Since the Office Memorandum dated 24.12.1980 governing regular promotion's zone of consideration had been previously upheld, its validity could not be retested. The Court found the High Courts erred by applying ad hoc promotion standards to regular promotion cases.

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Constitutional Law - Articles 14, 16(4A) Administrative Law Civil Service Law - Promotion Policy Scheduled Castes and Scheduled Tribes - Reservation Employment Law Procedural Law - Zone of Consideration Civil Procedure

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