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of <h1>Seniority vs. Promotion Eligibility: Legal Principles and Timeliness in Challenging Lists</h1> The Supreme Court held that departmental letters are not executive instructions, and seniority should be based on continuous service, not training course ... - Issues Involved:1. Validity of reliance on departmental letters as executive instructions.2. Determination of inter-se seniority between Sub-Inspectors (General) (SIs(g)) and Sub-Inspectors (Steno) (SIs(St)).3. Applicability of the doctrine of contemporanea expositio.4. Distinction between seniority and eligibility for promotion.5. Delay and laches in challenging seniority lists and promotions.6. Finality of unchallenged tribunal judgments.7. High Court's directions on reconsideration of promotions and preparation of gradation lists.Detailed Analysis:1. Validity of reliance on departmental letters as executive instructions:The appellants argued that the Tribunal and High Court improperly relied on letters from the Home Department and Ministry of Law, treating them as executive instructions. The Court held that these letters were merely opinions and not executive instructions. Statutory rules cannot be amended by such opinions, and in the absence of statutory rules, the general principle of determining seniority based on the length of service should prevail.2. Determination of inter-se seniority between SIs(g) and SIs(St):The case involved the seniority dispute between SIs(g) and SIs(St). The Tribunal had directed the preparation of a gradation list based on the date of passing the training course, which the High Court quashed. The Court emphasized that seniority should be determined based on continuous service and not by the date of passing the training course. The long-standing practice of treating SIs(St) as senior to SIs(g) could not be disturbed without statutory rules or executive instructions.3. Applicability of the doctrine of contemporanea expositio:The Court discussed the principle of contemporanea expositio, which involves interpreting statutes based on the understanding of contemporary authorities. However, this principle must give way to clear statutory language. The Court found that the administrative interpretation provided guidelines but could not override the absence of statutory rules.4. Distinction between seniority and eligibility for promotion:The Court reiterated that seniority and eligibility for promotion are distinct concepts. Seniority does not automatically entitle an individual to promotion unless eligibility criteria are met. The Court cited previous judgments to emphasize that seniority cannot substitute for eligibility.5. Delay and laches in challenging seniority lists and promotions:The Court emphasized that challenges to seniority lists and promotions must be made promptly. It held that claims made after a significant delay, such as in the case of Parsuram Sahu, should be dismissed on the grounds of delay and laches. The Court referenced several judgments to support this view, asserting that long-standing seniority lists should not be disturbed after a reasonable period, typically 3-4 years.6. Finality of unchallenged tribunal judgments:The judgment in Parsuram Sahu's case, which was not challenged, attained finality. However, the Court noted that this judgment was specific to the individual and did not set a precedent for other cases. The Court emphasized that other cases relying on this judgment should have been independently assessed, particularly considering the delay in filing.7. High Court's directions on reconsideration of promotions and preparation of gradation lists:The High Court had directed the reconsideration of promotions if SIs(g) were found to be placed below SIs(St) and met the eligibility criteria. The Supreme Court set aside this direction, emphasizing that the issue of delay and laches should have been considered. The Court requested the High Court to re-evaluate the case, focusing on the law and specific facts, including the delay in challenging the seniority lists.Conclusion:The appeals were disposed of with specific directions to address the issues of delay and laches, and the need for statutory rules or executive instructions to determine seniority. The High Court was instructed to reconsider the case based on the principles outlined by the Supreme Court. No costs were awarded.
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