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april 1997

Supreme Court of India · 1997-04-25

D.STEPHEN JOSEPH vs UNION OF INDIA

Citation / case number
SC 1993/14635
Court
Supreme Court of India
Petitioner
D.STEPHEN JOSEPH
Respondent
UNION OF INDIA
Author
G.B. PATTANAIK G.N. RAY
Bench
G.B. PATTANAIK G.N. RAY

Judgment text excerpt

The Supreme Court held that for promotion to the post of Assistant Engineer in the 50% promotion quota, the three years of experience as Junior Engineer must be counted from the date of appointment in that grade, not from the date of acquiring the degree in Electrical Engineering. The Court distinguished the case from N Suresh Nathan and Anr. Vs. Union of India & Ors., emphasizing that past practice must align with the rule for promotion. The Tribunal's decision allowing promotion based on the degree acquisition date was overturned, reinforcing the need for adherence to the specific language of the promotion rule.

D.STEPHEN JOSEPH vs UNION OF INDIA · Niyam