promoted earlier. This rule came to be known as the catch-up rule. The two judge
Bench directed that the above principle would be followed ... Singh Januja v State of Punjab30 (―Ajit Singh
I‖), adopted the catch-up rule propounded in Virpal Singh, to the effect that the
seniority between
make provision or frame
rules giving consequential seniority for the accelerated
promotion gained based on the rule of reservation. Rule 12
evidently does not provide ... catch-up rule will prevail:
“36. In the absence of any provision for consequential
seniority in the rules, the “catch-up rule” will be applicable
Nadu Highways Engineering Subordinate Service. Rule 12 of
Special Rules to Tamil Nadu Highways Engineering Service prescribes
application of rule of reservation for the appointment ... make provision or frame rules giving
consequential seniority for the accelerated promotion gained based on the
rule of reservation. Rule 12 evidently does not provide
contrary provisions contained under Rule 6, 7 and 8 of 1991 Rules. Thus to that extent the concept of catch-up rule of seniority stands ... provisions of Rule 6, 7 and 8 of 1991 Rules shall remain continue to apply with the concept of catch-up rule to determine their
Education
and Research, Chandigarh (PGI) to grant the benefit of "Catch up
Rule" to the contesting private respondents herein, (PGI) has
preferred these ... same cadre.
c)The applicants seek benefit of "Catch up Rule" in terms
of judgment passed by the Constitutional Bench
Nadu Highways Engineering Subordinate
Service. Rule 12 of Special Rules to Tamil Nadu Highways
Engineering Service prescribes application of rule of
reservation for the appointment ... make provision or
frame rules giving consequential seniority for the accelerated
promotion gained based on the rule of reservation. Rule 12
evidently does not provide
M.Nagaraj & Others vs Union Of India & Others on 19 October, 2006
Equivalent
despite
anything contained in Rules 6, 7 and 8 of 1991 Rules. In our
view Rule 8A of 1991 Rules has constitutional sanctity of
Article ... other contrary rules of seniority
existing under Rules 6, 7 and 8 of 1991 Rules, as Rule 8A of
1991 Rules opens with non-obstante
withdraw the Office Memorandum dated
31.1.1997, which gave effect to the catch-up rule,
but to restore the benefit of consequential
seniority with retrospective effect ... from 17.6.1995
as if there never was any Catch-up Rule at all in
the eye of law. Mr. Rao submitted that the
contention
Such seniority list was maintained in view of the 'Catch
Up Rule' evolved by the Hon'ble Apex Court in the case ... constitutional amendment has given a go bye to the
'catch up rule' ?
(ii) Whether in absence of any law made by the State
