Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

798
IN THE SUPREME COURT OF INDIA
CIVIL APPEALLATE JURISDICTION
CIVIL APPEAL NO.2527 OF 2007
[Arising out of S.L.P (Civil) No.3413 of 2006]
D.D. 15.5.2007
Hon’ble Mr. Justice S.B.Sinha &
Hon’ble Mr. Justice C.K.Thakker
S.B. Bhattacharjee ... Appellant
Vs.
S.D. Majumdar & Ors. ... Respondent
WITH
CIVIL APPEAL NO. 2528-2529 OF 2007
[Arising out of S.L.P. (Civil) No. 12650-12651 of 2006]
Promotion by selection:
The petitioner and the 1 st respondent along with 2 others was eligible for promotion for the post of
Executive Engineer governed by Mizoram Engineering Service Rules, 2001 – Office Memorandum
dated 10.10.2002 lays down procedure to be observed by DPC for assessment of candidates for
promotion – On the recommendation of the Commission the 1 st respondent has been promoted – In
the writ petition filed by the petitioner the High Court held that the consideration for the year 2002-
03 (upto 31.3.2003) was made by the Commission was correct in view of Clause 3.4(g) of Office
Memorandum and dismissed the Writ Petition – In Writ Appeal the Division Bench held that in view of
the plain meaning of Clause 3(g) ACR of 2003-2004 could not have been considered allowed the
Writ Appeal and directed to convene review of DPC to consider the case of incumbents including the
petitioner and 1 st respondent – In this appeal by the petitioner before the Supreme Court the Court
has upheld the opinion of the Division Bench and dismissed the appeal.
Held:
In a given case and in the absence of rule the Court might have been justified to hold that the DPC
must have taken into consideration the merit and merit only. However, in a case of this nature, where
the State lays down the procedures as to how and in what manner the merit and suitability is to be
judged, it is obligatory on the part of the Commission to follow the same in its letter and spirit. The
case at hand shows that in a situation of this nature it proves to be disastrous to an employee, if any
other construction is given.
S.B. SINHA, J :
1. Leave granted.
Mizoram PSC
J U D G M E N T
2. Interpretation of an Office Memorandum dated 10.10.2002 providing for the mode and manner
for considering the suitability of candidates for promotion from one post to the other, falls for consideration