March 15, 2019

Service Rules should be known by employee, not for employer to advise him about them


It is for an employee to know the service rules and an employer is not expected to advise him/her about them, the Supreme Court has observed.

An appeal by an employee against the Madras High Court order dismissing his challenge against the Central Administrative Tribunal was being considered by the bench comprising Justice L. Nageswara Rao and Justice MR Shah. The Central Administrative Tribunal noted that the employee was not aware of the quota-rota rule maintained by the department and also how the seniority list would be fixed between the LDCE appointee and direct recruitee.

The bench observed that he could not be denied his legitimate right which would have a bearing on his seniority on grounds that the department failed to give proper guidance and advice to one of its employees.

The apex court bench in the appeal (P Subramaniyam versus Union of India) noted that as per rules, the seniority was required to be fixed as per the quota-rota rule and as per the rule position that year, the direct recruitee had to be placed below the LDCE quota since the LDCE selection process was treated as fast track promotion.

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