Abdul Jabbar v. Ram Bihari Pandy & Ors.

Supreme Court of India · 12 Jul 2018
Kurian Joseph; Sanjay Kishan Kaul
CIVIL APPEAL NO(S). 8018-8019/2013
civil appeal_dismissed

AI Summary

The Supreme Court dismissed the appeals challenging 1981 promotions based on Merit-cum-Seniority, upholding the concurrent findings of lower courts.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 8018-8019/2013
ABDUL JABBAR APPELLANT(S)
VERSUS
RAM BIHARI PANDY & ORS. RESPONDENT(S)
WITH
C.A. NO. 8020-8021/2013
JUDGMENT
KURIAN, J.
Learned counsel for the appellants submits that he does not want to press I.A. No.108566/2017. The
I.A. is, accordingly, dismissed as not pressed.

2. The appellants are before this Court, aggrieved by the promotions effected in the year 1981 based on the trade test conducted by the respondent/Institution. The Trade Test was conducted for the purpose of promotion based on the principle of Merit-cum-Seniority. Accordingly, the promotions had been always made based on the merit list prepared on the basis of test performance.

3. It is stated in the counter affidavit that though in 1986 the principle was sought to be changed to Seniority-cum-Merit, later the principle of Meritcum-Seniority was restored.

4. Thus, we do not find any ground to interfere with the concurrent findings rendered by the Trial Court and the High Court. The appeals are hence dismissed.

5. Pending applications, if any, shall stand disposed of.

6. There shall be no orders as to costs ........................ J. [KURIAN JOSEPH] ....................... J. [SANJAY KISHAN KAUL] NEW DELHI; JULY 12, 2018.