Supreme Court

S. Panneer Selvam and Ors. v. Government of Tamil Nadu and Ors.

MANU/SC/0937/2015

27.08.2015

Service

Employees appointed in reserved category do not have preferential right to promotion on basis of reservation

The Court ordered a reversal of accelerated promotions given to the Respondents, who were appointed as Junior Engineers under reservation categories to the Tamil Nadu Highways Department. It held that though Article 16(4A) of the Constitution enabled accelerated promotion for appointees under a reserved category, it did not confer an automatic right of promotion in the absence of provisions made by the State for the same. In the absence of any provision for consequential seniority in the rules, the 'catch up rule' would be applicable and the Respondents would not be able to rely on their accelerated seniority from the date of their promotion.

Relevant

Article 16 Constitution of India Act Indra Sawhney and Ors. v. Union of India and Ors. MANU/SC/0665/1992
Union of India and Ors. v. Virpal Singh Chauhan and Ors. MANU/SC/0113/1996

Tags : Reservation promotion backward class

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