Court Mandates Implementation of 2024 Seniority List, Citing Violations of Natural Justice
In a significant ruling, the Bombay High Court has invalidated the Pune Municipal Corporation's (PMC) promotion process for the position of Superintending Engineer, directing the implementation of the final seniority list dated 11 September 2024. The court found the process flawed, particularly criticizing the Departmental Promotion Committee (DPC) for issuing a non-speaking order that lacked detailed reasoning, thereby contravening principles of natural justice.
The case, Bipin Vasant Shinde v. Pune Municipal Corporation, involved petitioners who challenged their denial of promotion based on a seniority list they claimed was legitimate and unchallenged. The petitioners argued that the PMC's reliance on the initial date of joining for promotion, rather than seniority in the feeder cadre of Executive Engineer, was erroneous. The court agreed, emphasizing that promotions should be based on the seniority-cum-merit principle as per the 2014 Service Rules and the Government Resolution dated 1 August 2019.
Justice Advait M. Sethna, writing for the bench, highlighted the lack of compliance with a prior court directive mandating a reasoned order. The judgment noted that the response to the petitioners' representation was not included in the impugned order, thus failing to meet the standards set by the Supreme Court regarding administrative decision-making.
The court further observed that the PMC's proposed draft selection list from 2025 was legally untenable as it deviated from established statutory rules by considering the date of initial entry into service as the benchmark for promotion. This approach was deemed incompatible with the seniority-cum-merit principle governing promotions.
Additionally, the judgment addressed the applicability of government resolutions concerning reservation benefits, noting that these did not pertain to open category candidates like the majority of the petitioners. The court underscored the importance of maintaining established seniority lists unless legally challenged or superseded.
The ruling mandates the PMC to implement the 2024 seniority list within two weeks, with the promotion of certain petitioners subject to pending Supreme Court proceedings related to reservation policies. The decision marks a critical reaffirmation of administrative transparency and adherence to statutory frameworks in public service promotions.
Bottom Line:
Service Law - Promotion to the post of Superintending Engineer - Final seniority list prepared by Pune Municipal Corporation must be implemented unless legally challenged or superseded - Date of initial joining cannot override seniority in the feeder cadre for promotion.
Statutory provision(s): Article 226 of the Constitution of India, Pune Municipal Corporation Service Rules, 2014, Government Resolution dated 1 August 2019, Maharashtra State Public Services Reservation Act, 2001
