Case Note & Summary
The writ petition was filed by the petitioner challenging an order dated 10.05.2024, issued by the Principal District Judge, Vellore, which denied the petitioner selection grade from the date of his appointment on 14.06.1999. The denial was based on the petitioner's previous termination due to alleged submission of a bogus certificate. However, the Appellate Authority had set aside the termination and reinstated the petitioner without backwages but with continuity of service and seniority. The respondents contended that since the petitioner was not granted backwages, the selection grade could not be extended from the date of initial appointment. The petitioner argued that the termination was set aside on merits, and the consent to forgo backwages should not affect his eligibility for selection grade. The court found that the petitioner was fully exonerated from the allegations, and the stigma of termination was removed. It ruled that the denial of selection grade was not in accordance with the applicable rules, and thus, the impugned order was set aside, directing the respondents to grant selection grade from the date of initial appointment with all consequential benefits. The writ petition was allowed with no costs.
Headnote
A) Service Law - Selection Grade - Entitlement to Selection Grade - Article 226 of the Constitution of India - The court held that once the order of termination was set aside and continuity of service was granted, the petitioner was entitled to selection grade from the date of initial appointment. The denial of selection grade based on prior termination was found to be inconsistent with applicable rules (Paras 5-6).
Issue of Consideration
Whether the petitioner is entitled to selection grade from the date of initial appointment despite previous termination.
Final Decision
The court set aside the impugned order and directed the respondents to grant selection grade to the petitioner from 14.06.1999 with all consequential benefits.
Law Points
- Writ of Certiorarified Mandamus
- selection grade
- continuity of service
- seniority
- termination order
- reinstatement
