Cadre Authority Cooperative Banks Centralised Service v. Avadhesh Kumar Rai
2003-08-04
ARIJIT PASAYAT, DORAISWAMY RAJU
body2003
DigiLaw.ai
ORDER : Leave granted. 2. Heard learned counsel on either side. 3. This court issued notice in the S.L.P. keeping in view the prohibition made in the order dated 5.7.2002 passed by the High Court that till further orders, the promotions shall not be effected on the basis of the impugned seniority list. 4. In our view, the courts will normally not interfere with the powers and right of the competent authority and interdict it from effecting promotions on the basis of the seniority list in question, till it is set aside. Otherwise, unnecessarily, the vacancies will be kept unfilled not only to the detriment of administration but also the promotes. The direction issued, as noticed above, by the High Court cannot, therefore, be sustained and the same is hereby set aside. We make it clear that the competent authority is at liberty to have the promotions made on the basis of the seniority list in force as on date and such promotions, if any made, shall be subject to the ultimate result of the main proceedings pending before the High Court. While effecting promotions this will be indicated also by the authority which accords promotions, in the order itself. The High Court will do well, in our view, to dispose of the matter as expeditiously as possible. 5. The appeal is disposed of in the above terms. Ordered accordingly.