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
from 17.6.1995. Accordingly, by the Constitution (eighty-fifth) Amendment Act, 2001 , the words 'in matters of promotion to any class' in Article ... Thus, reading the Constitution (77th Amendment) Act, 1995 with the Constitution (85th Amendment) Act, 2001 , Article 16(4-A) now reads as follows:
"Nothing
seniority
list had become final. The tribunal also mentioned the 85th
Constitutional amendment, which grants constitutional seniority
along with promotion for reserved category employees.
Challenging ... have attained
finality. The tribunal further held that in view of 85th Constitutional
amendment, the reserved category employees get constitutional
seniority along with promotion
consequential seniority. Considering this legal infirmity, the Parliament has enacted the 85th Amendment, by substituting the words 'in the matters of promotions, with consequential ... injustice.
6. Further, the petitioner Association submits that following the Constitution (85th Amendment) Act, 2001 , the fifth respondent issued an office memorandum, dated
Motor Vehicles (Amendment Act 1982 Act 47 of 1982),
for the sake of brevity referred to as the 1982 Amendment.
18.The 85th report ... nudge for the Law makers to
contemplate an amendment to the 1939 Act. The 85th Law Commission
Motor Vehicles (Amendment Act 1982 Act 47 of 1982),
for the sake of brevity referred to as the 1982 Amendment.
18.The 85th report ... nudge for the Law makers to
contemplate an amendment to the 1939 Act. The 85th Law Commission
Motor Vehicles (Amendment Act 1982 Act 47 of 1982),
for the sake of brevity referred to as the 1982 Amendment.
18.The 85th report ... nudge for the Law makers to
contemplate an amendment to the 1939 Act. The 85th Law Commission
Mandamus directing the respondents to provide
consequential seniority pursuant to the 85th constitutional amendment act 2001
dated 4.1.2002 date of holding the promotional post
R.Thirunavukkarasu vs The State Of Tamil Nadu on 5 April, 2013
Bench: R.Banumathi
M.Sundararaj vs Reserve Bank Of India on 26 November, 2015
Author: M.M.Sundresh
