This came into force on June 17, 1995. By the Constitution (85th Amendment) Act, 2001 , the words "in matters of promotion, with consequential seniority ... validity, interpretation, and implementation of the 77th, 81st, 82nd and 85th Constitution Amendment Acts and action taken in pursuance thereof which sought to reverse decisions
India that the Constitution by amending Article 16(4) , by 85th amendment, has protected the consequential seniority arising out of accelerated promotions and when such ... aforesaid amendment was brought into existence.
23. In M. Nagaraj's case, 77th Amendment relating to 16(4-A) in 1995, 85th Amendment regarding
benefit of the 85th
Constitutional Amendment whereby Article 16(4A) was introduced vide
amendment of the year 2001. This amendment became subject matter of
challenge ... seventh Amendment) Act, 1995 ; the
Constitution (Eighty-first Amendment) Act, 2000 ; the
Constitution (Eighty-second Amendment) Act, 2000 and the
Constitution (Eighty-fifth Amendment
Birpal Chauhan5 and Ajit Singh Januja. The Parliament
however by the 85th amendment in 2001 introduced Article 16(4A) as
amended nullifying the effect ... giving relief to Keshob.
Nagaraj upheld the 85th amendment. Hence, deletion of Rule 5(5) was
valid and could not be assailed
position
remained the same. He also claimed that pursuant to the 85th amendment of
Article 16(4A) the State issued a circular where Scheduled Caste ... contrary to the mandate of the Constitution as amended
by the 85th amendment. Challenging the non-action on the part of the
authority in restoration
which their junior SC/ST candidates are promoted. The 77th and 85th
amendment will not protect the excess promotions given to SC/ST candidates ... aside till this point of time. Based on the 85th Amendment of the Constitution,
the Railways cancelled the amendment to Para 319 of IREM issued
directions for consideration of their cases with
effect from 11.6.1995 when 85th amendment of the Constitution
came into operation.
2. Sarvshri Jarnail Singh, Balbir Singh ... instructions with a retrospective date i.e. from 17.6.1995 when the
85th amendment was brought into effect. He has further submitted
that even otherwise
which their junior SC/ST candidates are promoted. The 77th and 85th
amendment will not protect the excess promotions given to SC/ST candidates ... aside till this point of time. Based on the 85th Amendment of the Constitution,
the Railways cancelled the amendment to Para 319 of IREM issued
case was
made effective on 4.1.2002 by virtue of the Constitutional (85th)
Amendment Act of 2009 resulting in the amendment of Article ... Kumar get accelerated seniority and promotion as Assistant on account of
85th Amendment introduced pursuant to Ajit Singh Jasuja's case. The
controversy only
dated 16.3.2006 said to be issued as a consequence of the 85th
Constitutional Amendment. It is not in dispute that pursuant to the 85th
Constitutional ... Supreme Court while upholding the 85th Constitutional
Amendment has held as under:-
" 123. However, in this case, as stated above, the main issue
concerns
