respect of backlog vacancies and the 85th amendment
of the Constitution, made it clear that, even 'seniority' could ... Article 16 (4A) of the Constitution amended further as per the
85th amendment retrospectively w.e.f. 16.07.1995, whereby the
benefit of consequential seniority
which, it is significant to note was decided after the
Constitution 85th amendment Act came into force] it was held:-
17. The Constitution Bench ... constitutional history indicates, a clear
purpose underlying the 85th Amendment to the Constitution.
Such constitutional challenges cannot be bandied about without
specific pleadings
Parliament in the years 2000 and 2001 enacted following
amendments:
●81st Amendment (2000) whereby Clause (4B) was
incorporated in Article 16 of the Constitution, laying ... examination or
lowering the standards of evaluation for reservation in
promotion.
●85th Amendment (2001) whereby the words 'with
W.P.(C) No.18353
Supp. 217]. The Constitution was amended as per the 77th
amendment, whereby sub Article 4-A was introduced to Article 16;
by virtue of which, reservation ... promotion' as well. The provision was further amended as per 85th
amendment, whereby the 'seniority' was also caused to be
protected
raised by the
Applicants before the Tribunal. Moreover, based on the 85th Amendment to
the Constitution and the judgment of the Apex Court
office memorandum
was issued in the wake of the 85th amendment to the Constitution
of India with a view to enable government servants belonging
National Insurance Co. Ltd. vs Malathi C. Salian on 11 April, 2003
Equivalent citations: 2003ACJ2033
Pushpagiri Medical Society vs State Of Kerala on 4 January, 2007
Author: P.R.Raman
Chief Executive Trustee vs State Of Kerala on 4 January, 2007
Author: P.R.Raman
Chief Executive Trustee And Ors. vs State Of Kerala And The Commissioner For ... on 4
