Supreme Court Dismisses Appeal, Upholds High Court’s Order in Promotion Reversion Case
Supreme Court of India has dismissed an appeal and upheld the order passed by the High Court in a promotion reversion case. The judgment, delivered by Justice Rajesh Bindal, brings clarity to the dispute between Manoj Kumar Jindal and Rajni Mahajan & Ors. In a crucial quote from the judgment, Justice Bindal stated, “Any order passed at this stage may affect a number of persons and further result in unsettling many positions which have already settled with the lapse of time.”
The case revolved around the reversion of Rajni Mahajan, who was initially promoted to the position of senior lecturer but later reverted back to the post of lecturer through an order issued on November 8, 2007. The High Court’s Single Bench had set aside the reversion order, and this decision was subsequently upheld by the Division Bench.
Respondent No. 1, Rajni Mahajan, had been promoted as a senior lecturer in May 2007. However, the reversion order was passed without providing her with an opportunity to file a detailed reply. The court found that this action violated the principles of natural justice.
Furthermore, the judgment highlighted that the promotion of Rajni Mahajan had been recommended by the Departmental Promotion Committee (DPC) and that she had the requisite benchmark at the time of her promotion. The appellant failed to establish that she lacked the necessary benchmark when the promotion was granted.
Considering the passage of more than 15 years since Rajni Mahajan’s promotion and the potential disruption to settled positions, the court deemed it inappropriate to interfere at this stage. The judgment emphasized the potential impact on numerous individuals and the risk of unsettling previously established positions.
While allegations of malafide were raised, the court did not find direct evidence to support them. The dismissal of the appeal signifies the court’s agreement with the High Court’s decision and concludes the legal battle in this matter.
Date of Decision: 14th March 2023
Manoj Kumar Jindal VS Rajni Mahajan & Ors.
