AIR 2018 SUPREME COURT 5284 ::2019 Lab IC 273 ::2018 (10) ADJ 17 NOC ::2019 (12) SCC 496 ::(2018) 13 Scale 350

Supreme Court Of India

(From: Punjab and Haryana)*

Hon'ble Judge(s): A. K. Sikri, Ashok Bhushan , JJ

(A) Constitution of India , Art.309, Art.16— Punjab Superior Judicial Service Rules (1963) , R.8, R.7(3)(a), R.12— (as amended by Punjab Superior Judicial Service (First Amendment) Rules of 2004) Seniority - Subordinate judiciary - Promotional quota - Promotee, well within their quota before amendment of Rules cannot go out of their quota and become excess merely on strength of amendment of Rules, which are prospective in nature. For the first time by amending Punjab Superior Judicial Service on 15.01.2004, promotion quota was fixed as 50 per cent., 25 per cent. for limited departmental competitive examination and 25 per cent. for direct recruits and as far as for direct recruits, earlier 25 per cent. was maintained. Thus, the issue was only with regard to quota for promotion on the basis of merit-cum-seniority and of out of turn promotees. In All India Judges case AIR 2002 SC 1752 clearly directed that the system which was directed to be put in place, was to apply prospectively. Upto 2004, quota for promotion on basis of merit-cum-seniority was 75 per cent, cadre strength as on 13.09.2007 was 89, which was increased on 10.11.2007 as 107. After amendment of Rules on 15.01.2004, promotion of 10 officers were made. In year 2004, when cadre strength was 88, 75 per cent. posts were to be manned by promotees under merit-cum-seniority, i.e. 66 were to be manned by....