A. K. SUBRAMAN & ORS. ETC. vs UNION OF INDIA AND ORS.

The Supreme Court held that the seniority of Assistant Engineers promoted to Executive Engineers should be determined based on the length of service, as per the Home Ministry's Memorandum dated 22-6-1949, rather than the quota rule which implies a rotational system for confirmation. The Court clarified that vacancies referred to in the quota rule pertain only to permanent posts and that the application of the quota rule at the confirmation stage does not negate the seniority based on length of service. The petitioners were found to be unjustly treated in the promotion process, leading to the upholding of their claims for seniority.