Authority: Supreme Court of India (New Delhi)

Order Date: 05 October 2026

Case Overview

  • Parties: Appellants Lekshmi G. & Ors. vs Respondents Virender Kumar & Ors.; official respondent No.23 (EPFO).
  • Background: On 21 June 2018 a notice was issued for a Limited Departmental Competitive Examination (LDCE) for promotion to Section Supervisor, invoking the Employees Provident Fund Organization (Section Supervisor) Recruitment Regulations, 2017. Applications were preferred by the petitioners and challenged before the Central Administrative Tribunal, which allowed the applications. Respondents filed writ petitions challenging the Tribunal order; the writs were allowed. The present appeals were filed before this Court.
  • Core Issue: Whether promotion to Section Supervisor should be governed by the EPFO Recruitment Rules, 1992, the 2017 Regulations, or the 2017 Regulations as amended and re‑notified on 31 January 2019. Respondent No.23 argued that the latter rules apply, especially where the 2017 Regulations had not been approved.
  • Counter‑affidavit excerpts: The 2017 Rules were framed based on Cadre Restructuring 2016 proposing a separate Sr. SSA (Level‑6) cadre, which was not approved; consequently the Rules were revised and re‑notified on 31‑01‑2019, making SSAs with nine years of regular service eligible for the LDCE. The Chandigarh Court of Arbitration (CAT) order dated 28‑11‑2019 did not quash the 2017 Rules. The 2019 amendment superseded the earlier eligibility provision, and the petitioners have not specifically challenged the 2019 Rules.

Final Outcome

  • The Supreme Court set aside the impugned judgments and orders dated 03‑09‑2025 (High Court) and the earlier Tribunal order.
  • The matters are remitted to the High Court for fresh consideration, with a direction that the High Court expedite the hearing and conclude within six months of receiving a copy of this order.
  • All issues are left open; the appeals are disposed of, and any pending applications, if any, are also disposed of.

Topics: Promotion Eligibility, Recruitment Rules