Service Law - Litigating Hand

Union of India & Anr. v. Narendra Singh [(2008) 2 SCC 750]

If erroneous promotion is given by wrongly interpreting the rules, the employer cannot be prevented from applying the rules rightly

32. It is true that the mistake was of the Department and the respondent was promoted though he was not eligible and qualified. But, we cannot countenance the submission of the respondent that the mistake cannot be corrected. Mistakes are mistakes and they can always be corrected by following due process of law. In ICAR v. T.K. Suryanarayan it was held that if erroneous promotion is given by wrongly interpreting the rules, the employer cannot be prevented from applying the rules rightly and in correcting the mistake. It may cause hardship to the employees but a court of law cannot ignore statutory rules.