सीधी भर्ती द्वितीय श्रेणी अभियंता अधिकारी संघ बनाम महाराष्ट्र राज्य
| Citation | (1990) 2 SCC 715 |
| Court | Supreme Court of India (Constitution Bench) |
| Date | 12 February 1990 |
| Year | 1990 |
| Bench | E.S. Venkataramiah CJI, S. Natarajan, K.N. Singh, M.N. Venkatachaliah, K. Jagannatha Shetty JJ. |
| Acts/Articles | Article 14, Article 16 |
| Category | Constitutional Law, Service & Employment Law |
Key Principle Established
Seniority between direct recruits and promotees must be determined by quota-rota rule. Once the quota is filled, seniority is determined by the date of continuous officiation in the cadre.
A dispute arose between direct recruit Class II Engineering Officers and promotees regarding inter se seniority. The question was how seniority should be determined when recruitment is from two sources — direct recruitment and promotion.
The Constitution Bench laid down the quota-rota rule for determining seniority:
This Constitution Bench decision is the leading authority on seniority disputes between direct recruits and promotees. It is cited in virtually every service law case involving inter se seniority determination.
(1982) 1 SCC 618
Equal pay for equal work is a constitutional goal derivable from Articles 14, 16, and 39(d) read together.
Read Analysis(1996) 11 SCC 77
Contractual employee retained beyond tenure cannot be terminated without following principles of natural justice.
Read Analysis(2002) 1 SCC 187
Settled seniority cannot be disturbed retrospectively. Reopening seniority after long gap causes grave prejudice.
Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.